Unmarried and living together? Proposed legal reforms could strengthen your financial rights

If you live with your partner but aren't married, have you ever wondered what would happen financially if you separated? Or what rights you would have if your partner died unexpectedly?

With the cost of living continuing to put pressure on household finances, the government has launched a consultation that could improve the legal rights of the UK's 3.5m cohabiting couples.

At the moment, unmarried couples have limited financial protection if their relationship ends. The proposed reforms aim to create a fairer system that better reflects modern family life.

A new legal framework for cohabiting couples

The proposals would introduce a separate set of legal rights for cohabiting couples, distinct from those available to married couples. The government says this would provide greater protection for unmarried partners while maintaining the legal distinction of marriage.

The consultation will also consider ways to help separating couples resolve financial disputes more easily and fairly, giving both parties greater clarity about their financial position after a breakup.

What could change?

Under the proposals, unmarried couples and victims of domestic abuse could benefit from:

• automatic inheritance rights where a partner dies without a will
• legally binding pre-nuptial and post-nuptial agreements
• stronger financial protections for survivors of domestic abuse when leaving a relationship, regardless of marital status
• greater access to a share of the proceeds from a house sale, helping unmarried partners secure their financial future
• a dedicated legal framework designed specifically for cohabiting couples

"The law should protect you"

Deputy prime minister, David Lammy, said:

“When a relationship comes to an end, each partner should have the support and certainty they need to rebuild their life. We’re launching this consultation to make sure our new family law builds a fair system that offers the most vulnerable protection in the event of a breakup, and at a time where the country is facing cost of living pressures.

“Whether you’ve been left bereaved by the sudden and unexpected death of a partner, or escaped horrific domestic abuse, our laws should work to protect you. 

“These reforms strike an important balance between tradition and modernity. I’m determined that our justice system should work for everyone who needs it.”

Family lawyers welcome the proposals

Family lawyers have welcomed the proposed changes.

“The proposal to grant millions of unmarried couples stronger legal rights is both welcome and overdue,” said  Ciara Pugh, partner at Stowe Family Law.

"Unmarried couples have been at a significant disadvantage for too long when it comes to legal rights and protections. Whilst many couples actively choose not to marry, many have mistakenly believed they are protected by the concept of a 'common law marriage', which in reality has no legal status.

“I regularly see the devastating consequences for financially vulnerable partners, often women who have made sacrifices to care for children or support a family, only to discover they have little or no recourse when a relationship ends, regardless of the contributions they have made over many years.”