Jul 26
In this article Joanna Lofthouse in the Family team at Raworths looks into the “common law marriage” myth, as the Government announced plans on 5 June 2026 to reconsider rights for cohabiting couples in England and Wales.
At the moment, unmarried couples who separate have no automatic right to make a claim against the other person’s assets regardless of how long they have been in a cohabiting relationship. The proposed reforms look to change this.
The suggestion is that, where a couple have lived together for a minimum qualifying period, they would gain a right to make a financial claim against the other upon separation
If the suggested reforms come into force then a couple simply living together for a long enough period would bring about a legal obligation between the two of them upon separation.
Some couples may prefer to keep their affairs separate and apart, and the indication given at this stage is that there would be an option to be able to “opt out” by entering into a cohabitation agreement.
Cohabitation agreements are regularly entered into, currently to provide clarity given the limited rights cohabiting couples have at this time.
It is anticipated to work in a similar way to a pre-nuptial agreement for people who are getting married.
The reform still needs to pass through Parliament; however a Government representation confirmed in March 2026 that cohabitation reform was a matter of ‘utmost importance’ and therefore is firmly on the agenda.
The Ministry of Justice Consultation “A fairer end to relationships” opened on 5 June 2026 and will close on 14 August 2026. This proposes the new legal framework for cohabiting couples alongside suggested further reforms of divorce law for married couples too.
Some of the key fixtures of the proposed scheme would be to focus on:
If these reforms become law this will be a welcome change as the current law surrounding unmarried couples is outdated and inadequate for a modern society.
If you would like to discuss this further and how it could affect you, please speak to a member of the Family team at Raworths.
Published on 17 July 2026
The information and any commentary contained in this briefing is for general information purposes only and does not constitute legal or any other type of professional advice.
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