A Fairer Deal for Cohabiting Couples?

The Government has launched a consultation called A Fairer End to Relationships, looking at possible changes to the law for couples when relationships come to an end.

One of the most significant parts of the consultation is the proposal to strengthen legal protections for cohabiting couples.

Many people still believe that living together for a long time creates something called a “common law marriage”. In reality, cohabiting couples do not currently have the same legal rights as married couples or civil partners, even where they have lived together for many years, raised children together or shared financial responsibilities.

This can leave people in a very difficult position when a relationship ends.

What is the consultation looking at?

The consultation is seeking views on three main areas:

• Financial arrangements on divorce and dissolution

• Financial provision for cohabitants when they separate

• Inheritance provision for cohabitants when one partner dies

At present, the law around financial arrangements on divorce can be highly discretionary. That means outcomes can sometimes feel difficult to predict, and cases may vary depending on their particular facts.

The Government is considering whether parts of the law should be made clearer and more accessible, including possible changes around nuptial agreements. The aim is to help couples understand their options, negotiate fair settlements and reduce unnecessary disputes.

Why cohabitation reform matters

Cohabiting couples are one of the fastest growing family types, but the legal protection available to them remains limited.

This can be particularly difficult where one person has become financially vulnerable during the relationship. For example, one partner may have reduced their working hours, taken time out of work to care for children or made financial decisions that supported the family as a whole but reduced their own earning capacity.

If the relationship ends, that person may find themselves with far fewer protections than they expected.

The Government is now asking whether there should be a new statutory framework for eligible cohabitants when they separate. This would not give cohabitants the same rights as married couples, but it could provide clearer and more proportionate protection in certain circumstances.

A focus on children and financial vulnerability

The consultation also considers the wider impact on families, including children.

When parents separate, financial uncertainty can affect housing, routines, stability and future planning. Where one parent has taken on caring responsibilities and reduced their income as a result, the consequences of separation can be especially serious.

The proposed reforms aim to reduce hardship and provide better protection for those who may otherwise be left financially exposed.

What about inheritance?

The consultation also looks at what happens when one cohabiting partner dies.

At the moment, cohabitants do not automatically inherit if their partner dies without a valid will. This can leave a surviving partner facing financial uncertainty at an already distressing time.

The Government is considering whether qualifying cohabitants should have clearer rights to inherit in certain circumstances. This could make the law easier to understand and provide greater protection for surviving partners, while still balancing the interests of other beneficiaries.

What does this mean now?

It is important to remember that these are proposals. The law has not yet changed.

However, the consultation is significant because it recognises that many families today do not fit neatly into the traditional model of marriage or civil partnership. Couples may live together, raise children together and build shared lives without ever formalising their relationship legally.

For those couples, separation can raise difficult questions about housing, finances, parenting and future security.

Family mediation can help couples talk through these issues in a calm and structured way. Whether couples are married, civil partners or cohabiting, mediation provides a space to explore practical arrangements and make informed decisions about the future.

At Annie Ives Family Mediation, we support separating couples and families to have constructive conversations about children, finances and the next steps after separation.

If you are cohabiting and unsure about your rights or options, it may be helpful to seek legal advice alongside mediation, so that you can make decisions with a clear understanding of your position.

How Annie Ives Family Mediation can help

At Annie Ives Family Mediation, we help separating couples have calm, practical conversations about the issues that matter most, including children, finances, housing and future arrangements.

For cohabiting couples, where the legal position can be less clear, mediation can provide a constructive space to explore options, reduce conflict and work towards agreements that feel fair and workable.

Annie’s role is impartial, supportive and focused on helping families move forward with greater clarity. If you are cohabiting and facing separation, mediation can sit alongside independent legal advice to help you understand your options and make informed decisions about the next stage of family life.

Contact me to arrange a confidential MIAM or to ask a question about the family mediation process.