Cohabitation reform: what could it mean for unmarried couples?
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In eprivateclient, Partner, William Rollin explores the UK Government's proposed reforms to the law governing cohabiting couples and the potential implications for advisers and their clients.
The proposals are intended to provide greater financial protection for unmarried partners on separation, addressing the longstanding gap between the rights of cohabiting couples and those who are married. Currently, many people mistakenly believe that “common law marriage” provides legal protection, when financial claims between cohabitees are limited and often complex.
Under the proposed reforms, couples who have lived together for three years, or who have a child together, could gain new financial claims against one another on separation. These may include claims relating to property, lump sum payments and pension sharing, with courts also potentially able to award ongoing maintenance in exceptional circumstances. The Government has indicated, however, that any rights for cohabitees would remain more limited than those available on divorce.
William highlights that the changes could have significant consequences for individuals who have consciously chosen cohabitation over marriage, including those in later life, divorced individuals and blended families. He also notes that cohabitation agreements may become increasingly important as a way for couples to set out their intentions and potentially opt out of any new law.
The reforms remain proposals at this stage, but advisers and cohabiting couples should monitor developments closely given the potentially financial implications.
The full article was published by eprivateclient in August 2026.
