Could the law finally be changing for unmarried couples?
In June 2026, the UK Government announced proposals that could give unmarried couples in England and Wales greater legal protection when they separate.
If you’ve seen headlines suggesting that “common law marriage” is finally becoming law, it’s important to understand what is actually being proposed.
The law has not changed yet.
However, these proposals could represent the biggest reform to the rights of cohabiting couples in decades.
In this article, I explain what the proposed changes mean, who they could affect, and what unmarried couples should do now.
Is there such a thing as common law marriage?
The easy answer is – no.
One of the biggest myths in family law is that couples who live together become “common law husband and wife.” Unfortunately, this simply isn’t true.
In England and Wales, there is no legal status called common law marriage, regardless of:
- how long you’ve lived together
- whether you have children together
- whether you’ve shared finances
- whether friends and family consider you married.
This misunderstanding leaves thousands of people financially vulnerable every year when relationships end.
What are the current rights of unmarried couples?
At present, unmarried couples who separate do not have the same financial rights as married couples or civil partners.
Unlike divorce, there is no automatic right to claim:
- your partner’s home
- savings
- pensions
- investments
- spousal maintenance
- a financial settlement based on fairness.
Instead, disputes are usually decided using complex property and trust law.
For many separating couples, this can come as a considerable shock.
What changes to the law are being proposed?
The Government has launched a consultation on introducing new legal rights for eligible cohabiting couples.
Although the proposals are still under consultation, they could allow some unmarried couples to apply to the court for financial provision when their relationship ends.
Potential claims may include:
- Lump sum payments
- Property adjustment orders
- Financial compensation in some circumstances
- Limited maintenance.
The proposals are not intended to give unmarried couples the same rights as married couples.
Instead, the aim is to provide greater protection for financially vulnerable partners while maintaining a clear distinction between marriage and cohabitation.
Who could qualify under the proposed new law?
Although the final legislation has not yet been decided, the consultation suggests that protection could apply where couples:
- have lived together for at least three years, or
- have a child together,
and have been living in a genuine, committed relationship.
The Government is also considering allowing couples to opt out if they do not wish the new rules to apply.
Will unmarried couples have the same rights as married couples?
No.
Even if the proposals become law, the financial remedies available would be much more limited than those available on divorce.
Marriage and civil partnership would continue to provide much broader legal protection.
The proposed scheme is designed as a safety net rather than creating full equality between married and unmarried couples.
What about domestic abuse?
The consultation also considers whether courts should take into account:
- coercive and controlling behaviour
- economic abuse
- domestic abuse
when deciding financial claims between separating cohabiting couples.
This could provide additional protection where one partner has suffered financial disadvantage because of abuse during the relationship.
What happens if an unmarried partner dies?
The consultation also looks at improving inheritance rights for surviving cohabiting partners.
Currently, if your unmarried partner dies without leaving a valid Will, you do not automatically inherit under the intestacy rules, no matter how long you have lived together.
Making a Will remains one of the most important ways unmarried couples can protect one another.
Has the law changed?
No.
This is the most important point.
The Government is currently consulting on the proposals.
Until Parliament passes new legislation, the existing law remains unchanged.
That means unmarried couples separating today must continue to rely on the current legal framework.
What should unmarried couples do now?
If you are living with your partner but are not married or in a civil partnership, now is an excellent time to review your legal position.
I recommend that you:
- understand how your property is legally owned
- consider a Cohabitation Agreement
- make or update your Will
- review pension nominations and life insurance
- keep records of financial contributions
- seek legal advice before separating or making major financial decisions.
Waiting to see whether the law changes could leave you exposed if your relationship ends before any new legislation comes into force.
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Frequently Asked Questions
Will the new law apply retrospectively?
We do not yet know. The Government has not confirmed whether any future legislation would apply to couples who are already living together before the law comes into force.
Does this mean common law marriage is finally becoming law?
No. The proposals do not create common law marriage.
Will unmarried couples receive half of everything?
No. The proposed scheme would be much more limited than the financial remedies available on divorce.
When will the law change?
There is currently no implementation date. The Government consultation closes in August 2026, after which responses will be reviewed before any legislation is introduced.
How I Can Help
If you are unmarried and separating, understanding your legal position early can make a significant difference.
As a former family law solicitor and divorce consultant with over 25 years’ experience, I help clients across England and Wales to:
- prepare for meetings with their solicitor
- organise financial information
- prepare for mediation
- understand the separation process
- make informed decisions with confidence.
If you’re unsure where you stand, I’d be happy to help.
Book a consultation today to discuss your situation – Book a Consultation.
For useful resources relevant to this topic, click on the links below:
There is No Such Thing As Common Law Husband and Wife blog.
Why Its Important to Have a Will When You Are Unmarried blog
What is a Cohabitation Agreement blog.
First Steps if You’re Considering Separation eBook
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If you have found this blog helpful, check out my other blogs on the topic of New Partners and Unmarried Couples
©Rhiannon Ford 2010-2026 All rights reserved
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