Updated: June 2026 • Based on UK Law
What Is Cohabitation Reform?
Cohabitation reform refers to the UK government’s June 2026 consultation on giving unmarried couples greater financial protection on separation, and inheritance rights when a partner dies without a will. The law has not changed yet, and any reform is years away.
This guide covers the June 2026 cohabitation consultation, what’s proposed for unmarried couples, why the law hasn’t changed yet, and how to protect yourself now.
You’ve lived together for years — a shared home, shared bills, maybe children.
Most couples assume that makes them “common-law” married, with the rights that go with it.
It doesn’t. In England and Wales, common-law marriage is a myth.
If you separate, or a partner dies without a will, the other can be left with nothing.
On 5 June 2026 the government launched a consultation to change that — but the law hasn’t changed yet.
Until it does, two documents do the protecting: a cohabitation agreement and a will.
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Common-Law Marriage Is a Myth
There is no such thing as common-law marriage in England and Wales.
It makes no difference how long you’ve lived together, whether you have children, or how intertwined your finances are.
Living together does not give you the rights of a married couple or civil partners. The status simply isn’t recognised.
That gap matters because cohabiting couples are the fastest-growing family type in the UK — around 3.5 million of them.
Most have no idea how exposed they are until a relationship ends or a partner dies.
(Scotland is different — it has given cohabitants limited rights since 2006. The focus here is England and Wales.)
What Happens If You Separate
When an unmarried couple separates, there is no divorce-style process to divide what you built together.
There is no automatic right to maintenance, and no automatic right to a share of the other partner’s pension.
Property is decided by who legally owns it, sorted out through trust and land law rather than family law.
If the home is in one partner’s sole name, the other may struggle to claim any share at all — even after years together.
This is exactly where two documents help.
A declaration of trust records who owns what, and a cohabitation agreement sets out what happens if you split.
What Happens If a Partner Dies Without a Will
This is where cohabiting couples are most exposed.
If a partner dies without a will, the intestacy rules decide who inherits — and those rules do not recognise an unmarried partner.
The estate passes to the closest blood relatives: children first, then parents or siblings.
The surviving partner can inherit nothing, even after decades together.
If the home was in the deceased’s sole name, the survivor may have no automatic right to stay in it.
A surviving partner who lived together for at least two years may be able to make a court claim.
That route is the Inheritance (Provision for Family and Dependants) Act 1975.
But that means going to court — costly, slow and uncertain. A will is the only way to make sure your partner inherits.
What the 2026 Consultation Proposes
On 5 June 2026 the Ministry of Justice launched a 10-week consultation, closing on 14 August 2026.
It looks at three areas of family law together: cohabitation rights, nuptial agreements, and how finances are split on divorce.
For cohabiting couples, the proposed scheme would apply to those who have lived together for at least three years, or who share a child.
The headline proposals are:
- Financial claims on separation — a needs-based approach, not an automatic 50/50 split of assets.
- Inheritance rights — provision for a surviving partner when the other dies without a will.
- Stronger safeguards — more weight given to the impact of domestic abuse when finances are assessed.
Eligibility would be limited to committed, interdependent relationships — not everyone who shares a flat.
Will Cohabitants Get Rights — and When?
Not yet — and not for some time.
A consultation is the early stage of law-making. After it closes, the government has to respond, then draft and pass legislation.
Realistically, any new cohabitation law is unlikely before 2028 at the earliest.
So nothing has changed for couples today. The protections that exist right now are the ones you put in place yourself.
Are Prenups Becoming Binding?
The same consultation looks at making prenuptial and postnuptial agreements legally binding.
Right now a UK prenup is not automatically binding — but it is far from worthless.
Following Radmacher v Granatino (2010), Supreme Court guidelines for England and Wales mean a court gives a properly-made prenup significant weight.
The court keeps the final say under the Matrimonial Causes Act 1973, so an agreement seen as unfair can still be set aside.
A prenup is most likely to be upheld where it was:
- entered into freely by both partners, without pressure
- signed with full financial disclosure on both sides
- made with independent legal advice for each partner
- signed well before the wedding, not at the last minute
- fair in its outcome, meeting both partners’ needs
The 2026 consultation would put these safeguards on a statutory footing as “qualifying nuptial agreements”.
Couples planning a wedding can set out their finances with a Prenuptial Agreement or the Getting Married Pack — see our Prenuptial Agreement Guide.
Already married? A postnuptial agreement does the same job — see the Marriage Protection Pack or our Post-Nuptial Agreement Guide.
How to Protect Yourselves Now
While the law catches up, three documents give unmarried couples real protection today.
- A cohabitation agreement — sets out who owns what, how bills and the home are shared, and what happens if you separate.
- A declaration of trust — records each partner’s share in the property, especially where one paid more or the home is in one name.
- Mirror wills — the only way to make sure you actually inherit from each other.
The Moving In Together Pack brings all three together — cohabitation agreement, declaration of trust and mirror wills — in one place.
For what each document should include, see our Cohabitation Agreement Guide.
Already a customer? Any updated versions appear in your My Templates dashboard — free, forever.
Frequently Asked Questions
Is there such a thing as common-law marriage in the UK?
No. Common-law marriage does not exist in England and Wales.
No matter how long you have lived together, you do not gain the rights of a married couple by cohabiting.
Can my partner claim a share of my house if we’re not married?
Not automatically. Without marriage, a property claim depends on legal ownership and any trust arrangement.
A declaration of trust and a cohabitation agreement set this out clearly, so there’s no dispute later.
What happens to my partner if I die without a will?
Under the intestacy rules, an unmarried partner inherits nothing automatically.
The estate passes to your closest blood relatives. A will is the only way to make sure your partner is provided for.
What is a cohabitation agreement and do we need one?
It’s a document recording how you share property, money and bills, and what happens if you separate.
For unmarried couples who own or rent together, it’s the clearest way to avoid a costly dispute down the line.
What is the government’s 2026 cohabitation consultation?
It’s a 10-week consultation launched on 5 June 2026, closing 14 August 2026.
It seeks views on giving cohabiting couples financial and inheritance protection, and on making nuptial agreements binding.
Will cohabiting couples get automatic rights — and when?
Possibly, but not yet. A consultation is only the first step in changing the law.
Any new cohabitation law is unlikely before 2028, so today’s couples still need to protect themselves.
Are prenups legally binding in the UK?
Not automatically. Following Radmacher v Granatino (2010), a court gives a fair, properly-made prenup significant weight — but keeps the final say.
The 2026 consultation proposes making qualifying agreements binding where safeguards like disclosure and independent advice are met.
Key Takeaways
- Common-law marriage is a myth in England and Wales — cohabiting gives you no automatic rights.
- On separation there’s no automatic maintenance, pension share or property split for unmarried couples.
- If a partner dies without a will, the survivor inherits nothing under the intestacy rules.
- The government launched a cohabitation reform consultation on 5 June 2026, closing 14 August 2026.
- The law hasn’t changed and won’t for years — any reform is unlikely before 2028.
- A cohabitation agreement, a declaration of trust and a will are the tools that protect you right now.
The Truth About “Free” Legal Template Sites (What You’re Really Signing Up For)
Most websites offering a “free legal template” follow the same pattern:
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This isn’t a free template – it’s a subscription service. Many people only realise after being charged £300–£400 over the year.
Why These “Free” Templates Are a Legal Risk
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One incorrect clause can weaken or invalidate the entire document.
Hidden Problem: Many “Free Template” Sites Aren’t Even UK-Based
Another major issue: many free or auto-subscription template sites operate outside the UK, using documents drafted for the US legal system.
These are then loosely adapted for “international use,” which creates serious problems:
- Incorrect terminology: taken from US contract law
- Missing UK statutory references: essential legal requirements omitted
- Non-applicable clauses: terms that don’t apply under UK legislation
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Last updated: June 2026
Disclaimer: This guide provides general UK legal information, not legal advice.
Cohabitation reform is at consultation stage, and the law may change; this guide reflects the position as it currently stands.
Laws are current as of June 2026.
