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Public Consultation
On 6 June 2026, the Government launched its public consultation on the law relating to financial arrangements and protections following relationship breakdown.
The consultation focuses on seeking views on the areas of financial remedy upon divorce, financial arrangements for cohabitees following separation and inheritance provisions for cohabitees.
One often hears the phrases “common law husband” or “common law wife” in reference to cohabiting couples, believing that after a certain period of living together it gives cohabitees some automatic or the same rights enjoyed by married couples. There is no such thing – you are either legally married or not.
Financial remedies for divorcing couples
For divorcing couples, financial remedies are available which are codified in the Matrimonial Causes Act 1973 including provisions dealing with income, property and pensions. This legislation provides a level of generosity and fairness – likely to reflect the status and importance of the constitution of marriage placed upon it by society. The same remedies are available irrespective if a couple has been married one year or 20 years.
This is not the same for cohabiting couples who do not enjoy the same protections, irrespective of whether the parties have lived together for 20 years and have children to their relationship.
Instead, cohabitees must rely upon other laws when seeking financial remedy including:
- Trust of Land and Appointment of Trustees Act 1996
- Schedule 1, Children Act 1989
- Family Law Act 1996
- Inheritance and Dependants Act 1975.
For cohabitees, a myriad of legislation can often have a disproportionate impact for some in society, including women, children and/or those experiencing domestic abuse.
Today, marriage does not necessarily hold the same value or status in society, with more couples choosing to cohabit than marry.
According to the Office for National Statistics (“ONS”), in 2023 there were 231,949 marriages and civil partnerships registered. This figure was a 6% decrease on the year before.
For the same year of 2023, the ONS data shows 103,816 dissolutions of marriages and civil partnerships.
The ONS’ 2021 Census details that the proportion of couples cohabiting (outside marriage) stood at 24.3%, an increase from its 2011 Census where the figure was 20.6%.
Have your say
The Government’s consultation ends on 14 August 2026. The public can take part using the following link: A fairer end to relationships consultation – Ministry of Justice – Citizen Space . It is not necessary to answer all the questions.
The law still has a long way to go to catch up with societal changes and what label couples choose to give their romantic relationships.
Your Options
In the meantime, for cohabiting couples, other options can be explored at the point of cohabitation or even during cohabitation itself. Couples do not necessarily need to wait for a relationship to break down or for their dispute to end up in Court.
For couples living together or intending upon living together, the options could include:
- Cohabitation agreement
- Separation agreement
- Child Arrangement agreement
- Pet agreement
- The making of or updating of a Will.
The current law for cohabitees is not easy to navigate, and cohabiting couples should be mindful of seeking independent legal advice from a specialist family law solicitor to ensure that they fully understand their rights and obligations at or before entering into any agreement.
Having a properly drawn up agreement coupled with the right legal advice can serve as a very useful tool and in turn can cut down on the uncertainty, delay, costs and indeed animosity that can often impact couples at the end of their relationship.
Want to learn more?
If you have any questions about cohabitation, including your rights relating to the family home, finances or other arrangements, I am a specialist family law solicitor with more than 20 years of experience and offer an initial free 15-minute consultation. Please do feel free to get in touch with me at: [email protected]