More Rights for Unmarried Couples: What the Government’s Consultation Means for You
For years, family lawyers have watched cohabiting couples face some of the most difficult and avoidable legal situations imaginable. A relationship ends, a partner dies, or domestic abuse forces someone to leave, and they discover that the law offers them almost no protection. That experience has long felt out of step with modern family life, and it may finally be about to change.
On 5 June 2025, the government launched a consultation that could reshape the rights of more than 3.5 million unmarried couples across the UK. At LCF Law, our family team wants to help you understand what is being proposed and what it could mean for you and your family.
Why this matters now
Cohabiting couples are the fastest-growing family type in the UK, yet the law has largely failed to keep pace. Many people assume that living together for several years gives them the same rights as a married couple. It does not. There is no such thing as a common law spouse in English law, and without a will, a cohabiting partner has no automatic right to inherit anything at all.
The government has acknowledged that this is no longer sustainable, particularly given the cost-of-living pressures that make financial security more important than ever.
What the consultation is proposing
The proposals cover several areas that will be familiar to anyone who has sought advice about cohabitation rights.
For separating couples, the consultation looks at giving cohabiting partners the right to claim a share of property and assets at the end of a relationship, including access to a share of a house sale. This is a significant shift. Under the current law, financial claims between unmarried couples are extremely limited, and the burden of proving a legal interest in a property falls entirely on the person making the claim.
For bereaved partners, the proposals would introduce automatic inheritance rights where a cohabiting partner dies without a will. At present, an unmarried partner receives nothing unless they are specifically named in a will, regardless of how long they have been together or how financially dependent they were on the person who died.
The consultation also addresses domestic abuse directly. It proposes that courts should give greater weight to the impact of controlling or coercive behaviour and economic abuse when determining finances, both for married couples and cohabitants. This is a welcome and long-overdue recognition that financial abuse is real, serious and must be reflected in outcomes.
Finally, the government is also proposing that pre-nuptial and post-nuptial agreements be made legally binding, giving couples who choose to enter one far greater certainty that their financial arrangements will be honoured.
What this means in practice
These are proposals, not yet law. The consultation is designed to gather evidence and shape future legislation, so it is important not to assume that change will happen immediately. However, the direction of travel is clear, and we welcome it.
In the meantime, the current law still applies, and that means cohabiting couples remain vulnerable in ways that are entirely avoidable with the right advice and documentation in place.
If you are living with a partner and you do not have a cohabitation agreement, a will, or a declaration of trust setting out your interests in shared property, you are taking a risk that you may not be fully aware of.
How our family team can help
At LCF Law, our family solicitors advise cohabiting couples, blended families and individuals going through separation every day. We understand how emotionally complex these situations are, and we are here to help you find clarity and protection, whatever your circumstances.
Whether you want to understand your current position, put arrangements in place to protect yourself and your partner, or discuss what these proposed changes could mean for your family, we would be glad to hear from you.
Contact Head of Family Law Harjit Rait on 01274 386 598 or email at ku.oc.fcl@tiarh to explore how we can help you.
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