Important: Everything in this article describes Government proposals currently out for public consultation as of June 2026. Nothing has been passed into law. The final legislation — if enacted — could look significantly different from what is described here. There is no need to panic or take immediate action.
Around 3.5 million couples in England and Wales live together without marrying. Almost half believe they have "common law marriage" rights. They don't. There is no such legal status in England and Wales, regardless of how long you have lived together or whether you have children.
The Government's 2026 consultation "A Fairer End to Relationships" proposes the first dedicated legal framework for cohabitants. Here is what the current law says, what the Government is currently proposing, and some practical things worth thinking about — calmly, and in your own time.
The Law: Now vs. How it might change
Scenario | Current Law | What Is Proposed |
|---|---|---|
Split after 5 years, no children — partner owns the home | Must prove a legal property interest under TOLATA 1996. No maintenance, no pension claims. | Needs-based claim may be available after 3 years: housing, capital, income needs |
Split after 5 years, children together | Child support only. Nothing for you personally. | 3-year minimum proposed to be waived. Carer may be able to claim for their own needs |
Together 18 months, child together | Child maintenance only | 3-year minimum proposed to be waived — claim may be available from separation |
Partner dies without a will | You inherit nothing automatically, regardless of relationship length | Government proposes qualifying cohabitants may inherit — minimum qualifying period still being consulted on |
You gave up work or reduced hours for childcare | No legal recognition whatsoever | Court may be able to consider this when assessing income and pension needs |
You have assets and want to protect them | No formal step required under current law | Framework proposed to apply automatically — couples would need to formally opt out |
If You Have Less Money and Want Protection
Under the proposed framework, the guiding principle would be needs — not equal sharing. There is no proposed 50:50 split of assets for cohabitants. The court would consider what you genuinely need to reach financial independence, potentially including:
Housing — can you secure suitable housing?
Income — particularly if you reduced earnings or left work for childcare
Pension — years out of the workforce create a real gap in contributions
Health needs — if you were financially supported due to illness or disability
Length of the relationship — shorter relationships are likely to attract more limited awards
The consultation also proposes that the court could consider decisions made during the relationship that affected your financial position — such as reducing working hours to care for a child — as one factor when assessing your needs. Discretionary or luxury items would be excluded. Ongoing maintenance payments would only be available in exceptional circumstances (such as serious health issues or disability) and would be time-limited with no open-ended orders.
Reminder: These are proposals. The consultation is still open. The final law, if passed, may differ materially from all of this.
Two proposed thresholds worth knowing about
3 years living together before you could access the framework — proposed to be waived if you have a child of the family together
2 years after separation to bring a claim — after that, you may lose your right entirely
Evidence — Something Worth Thinking About Over Time
Whether or not these proposals become law, keeping records of your shared financial life is simply good practice. Under the current law (TOLATA 1996), evidence of financial contribution can already be relevant if a property dispute arises. There is no urgency, but it is worth knowing what kinds of things matter:
Demonstrating the relationship was genuine and committed:
Joint tenancy agreements, joint bank accounts, joint utility bills
GP or school letters naming you both at the same address
Demonstrating financial contribution:
Bank statements showing you paid rent, mortgage, bills, or funded renovations
Records of when and why you reduced your working hours
Evidence of childcare costs you personally covered
Demonstrating financial need:
Evidence of housing costs in your area relative to your income
Pension records showing gaps from years out of work
Medical evidence if health or disability is relevant
None of this needs to be compiled urgently — but being aware of what is useful means you won't discard it without thinking.
If You Have Assets and Want to Protect Them
Under the proposals, the framework would be opt-out by default — meaning it could apply automatically once you qualify, unless both partners formally agree to opt out. To do so validly under the proposed safeguards would require:
A written agreement executed as a deed — not a letter or verbal understanding
Full financial disclosure from both parties — income, assets, debts, pensions
Independent legal advice for each person, separately
A signed statement confirming both parties understand the rights being waived
The Government proposes that neither the disclosure nor the legal advice requirement could be waived by agreement.
It is worth knowing that a cohabitation agreement drawn up now, under existing contract law, already has legal standing — regardless of what any future framework looks like. This is not something that needs to be rushed, but it is a tool that already exists.
Even under the proposed framework, awards would be capped: a cohabitant could not receive more than they would have received on divorce in otherwise identical circumstances. The framework is needs-led, not wealth-sharing — there is no proposed starting assumption of a 50:50 split.
On Death: Make a Will When You're Ready
The consultation proposes that qualifying cohabitants could inherit on a similar basis to a spouse where a partner dies without a will. However, the minimum qualifying period for intestacy rights is still being consulted on — the Law Commission previously recommended five years (where there are no children together) and the Government has not yet settled on a figure. Inheritance tax and pension entitlements are explicitly outside the scope of this consultation.
The consultation document itself notes that the intestacy rules are a legal fallback and explicitly encourages everyone to make a will, particularly where there are specific wishes, blended families, or children from previous relationships. A will remains the most reliable way to ensure your estate goes where you intend — under the current law and under any future law.
A Note on Timing — No Overreaction Needed
Even if these proposals are approved following consultation, there will almost certainly be:
A period of parliamentary scrutiny before any bill is passed
Possible significant changes to the proposals based on consultation responses
A gap between Royal Assent and the law coming into force — often months to years
Potentially a phased commencement, where different parts of the law take effect at different times
In short: nothing is imminent. The right response is awareness, not alarm. Understanding where the law currently stands — and where it might be heading — puts you in a better position to make informed decisions at the right time, with proper advice.
Things Worth Being Aware Of — In Your Own Time
Your situation | What's worth knowing |
|---|---|
Cohabiting 2+ years, no formal agreement | The proposed 3-year threshold is not yet law — no immediate action required |
Children together, any duration | Under the proposals, no minimum duration would apply — worth understanding when you're ready |
Assets or property to protect | A cohabitation agreement already has legal standing under current contract law |
No will in place | A will is always worthwhile — quite separately from any proposed reforms |
Recently separated | Under the proposals a 2-year claim window may apply — worth being aware of if relevant to you |
This article is based solely on the Ministry of Justice consultation document "A Fairer End to Relationships" (June 2026).
All proposals described are subject to the consultation process, parliamentary scrutiny, and may change significantly — or not be enacted at all. Even if enacted, there will likely be a period before any law comes into force, which may itself be phased.
This article is not legal advice, and no immediate action is necessary or implied.
