The Government’s consultation ‘A fairer end to relationships’ is well underway, and the initial stages of the research will close on 14th August 2026. The consultation focuses on three key areas. Firstly, financial remedies on divorce and separation, and how the existing framework could be amended to offer more structure and certainty to divorcing couples, whilst maintaining a degree of flexibility that acknowledges the uniqueness of every relationship.
Secondly, should there be a legal framework implemented to support financially vulnerable individuals in cohabiting relationships upon separation? And thirdly, the Government have proposed a new law that would allow unmarried couples to inherit upon the death of an unmarried partner as a married spouse would, in the event of the deceased dying intestate.
What counts as cohabiting?
In order to understand the consultation, there needs to be an understanding of what counts as cohabiting in England and Wales, and who the proposed reforms would apply to. Currently, there is no legal definition of a cohabitee/cohabitant. It essentially refers to two or more people who live together, for example as:
- Friends
- Housemates
- Siblings
- Romantic partners
For example, the number of siblings sharing a property has increased, and 32% of Brits would consider buying a property with friends or a sibling to get on the housing ladder. Rising house prices is the main driver behind this.
Within ‘A fairer end to relationships’ cohabitants refers to unmarried romantic partners. Couples who share a life together, often intermingle finances, have children together and act as if they were married. However, their rights are very different to married couples and it can be very difficult for individuals going through separation as cohabitants have no automatic claims to property or maintenance, other than on behalf of the children under a Schedule 1 Act claim.
Check out our guide to cohabitation rights in the UK
What criteria should be considered for cohabiting couples?
The Government has proposed that cohabitation, specifically for unmarried romantic partners, should have a legal definition, and an accompanying framework. However, there should be specific and easily understandable criteria that need to be bet by couples in order to automatically qualify for potential rights, particularly regarding automatic inheritance.
The proposals are founded on the Law Commission’s 2007 report, which specifically referenced matters relating to a joint household and intermingling of finances, a stable relationship, responsibility for children, the presence of a sexual relationship and public recognition of the couple’s partnership.
Notably, there would also be automatic exclusions, applied to:
- Those who are already married or in a civil partnership
- Those who are too closely related to be legally married
- Anyone under the age of 18
Specifically, the Government has proposed that couples who have lived continuously together for three or more years or where there is a child of the family, should automatically qualify for cohabitation rights, which could include:
- Rights to financial and property claims on separation, on a needs-first basis
- Rights to claim maintenance payments where necessary to meet needs
- The same intestacy rights as spouses/civil partners
- The same priority as spouses/civil partner to apply for a Grant of Administration
In other jurisdictions where cohabitation laws apply, couples who have lived together less than the minimum time period but share a child (whether biologically, through adoption, or another fertility process), would still qualify under the framework. The proposals in this consultation suggest a similar approach in England and Wales, where the minimum time frame is disapplied when there is a child involved, to safeguard their wellbeing.
Is three years sufficient to establish a qualifying cohabiting relationship?
For many couples, three years people is a long time. It is enough time to have more than one child, to purchase a property and to move house, and for financial situations to shift dramatically. It is enough time to date, get engaged and get married should the couple wish it.
Many couples have spent several years dating before deciding to move in together, and especially the younger generation will likely have rented, or lived with parents, for a significant period before being able to purchase a property.
It could be argued that 3 years is sufficient time to establish a qualifying cohabiting relationship where living together has been continuous. In divorce proceedings, a three-year period of cohabitation would likely be taken into account in addition to the years the couple were married, potentially, for example, impacting the division of assets of a one-year marriage but three-year cohabitation period.
It is also clear from the proposals in the consultation that the court would still be able to distinguish between claims made by individuals who have only just met the threshold, and those who have been together for far longer. A couple who separates after three years continuous cohabitation would likely not have the same level of intermingled assets or ‘enduring family’ structure as those couples who have shared a home for thirty-plus years.
As is the case under the current law, cohabitants wouldn’t have any claims on property if they were renting, as the contract is tied to the estate agent or a private landlord. How the court would consider couples who have always rented, potentially for ten, twenty, or more, years, is not specifically addressed, but it would be likely they would be able to make other financial claims against an ex-partner in order to secure future housing and ensure the welfare of any children.
However, one of the major concerns is where those three years have passed by for a couple who have not really considered potential consequences of their relationship. Young couples, for example those who moved in together during university or shortly after, could suddenly automatically qualify for hugely significant financial rights where their relationship has been casual.
Although the proposals mean cohabitants would need to actively claim against their ex-partner, individuals could potentially be liable even where their relationship was never intended to be long-term. If there is to be reform, the qualifying criteria of ‘an enduring family relationship’ will need to be extremely clear and upon entering into a living together arrangement, couples will need to be given the correct information by conveyancers, mortgage advisers and potentially family lawyers as well to understand the ways in which they might be putting themselves at risk.
Martha Holland, a Senior Associate at our family law office in London, explains:
“As family lawyers, we see a wide variety of family circumstances, from those who have been together for many years, to those whose relationships have been short lived. However, what regularly features in cases is a lack of knowledge around what people’s legal rights are and indeed were, at the time they elected to live together whether that be through jointly or solely owned property. Under the existing legal framework, there is the opportunity to claim an interest (or a greater interest) in a property which you have contributed to even if those contributions came post-purchase, which often comes as a surprise to at least one of the parties.
Unfortunately, we have seen people lose out on significant sums of money, such as inheritance, which can be particularly upsetting, through lack of legal protections implemented at the time. On the other hand, there have been cases where one party to a relationship has relied on the other financially for a considerable period and yet find themselves in an extremely vulnerable position when the relationship comes to an end, with little recourse available to them under the current law. With the proposed changes in the legal framework seeking to enhance the financial rights of cohabiting couples, ensuring that there is clarity, and education on the rights of others and potential methods of protection, will be essential.”
Getting legal advice at the earliest opportunity before taking the next big step in your relationship could save you from challenges in the long term.
Keep reading…
A once-in-a-generation moment: cohabitation reform on the horizon
