The government has launched a consultation setting out a proposal to reform the legal rights of cohabitating couples, with a focus on giving couples greater financial protections when relationships end, and automatic inheritance rights when a partner dies without a will.
What is the consultation on the legal rights of cohabitating couples?
Over 3.5 million couples are unmarried in England and Wales. The A fairer end to relationships consultation opens new window sets out the government’s proposals to reform the law governing financial arrangements and protections when relationships end in England and Wales. It brings together three related areas:
- financial provision for cohabitants on separation
- inheritance provision for cohabitants on death
- financial remedies on divorce and dissolution
Reforming the law for cohabitants on separation
Current laws can leave cohabitants facing significant financial difficulties when relationships end, which disproportionately affects vulnerable groups such as women, children and victim-survivors of domestic abuse (including economic abuse).
The government is inviting views on the introduction of a statutory framework of rights and protections, for eligible cohabitants at the point of separation. The government proposes that this framework should be narrower than that which is available on divorce.
Reforming the law for cohabitants on intestacy
Under current law, if one partner dies without a will, known as intestate, the surviving partner from the cohabiting couple does not automatically inherit any of the deceased’s assets, which can leave surviving or separating cohabitants facing serious financial hardship.
The consultation seeks views on proposals to modernise the law affecting cohabitants on intestacy and on access to financial provision from a deceased partner’s estate.
Reforming the law of financial remedies on divorce and dissolution
The consultation also invites views on further targeted reforms, including introducing qualifying nuptial agreements which would enable couples to make binding financial arrangements in advance of divorce or dissolution.
Why is there a consultation on the legal rights of cohabitating couples?
Married partners or those in a civil partnership are automatically legally tied to one another regarding their property and assets. This does not apply to cohabitees and can make things complicated in the event of a relationship breakdown or death.
The government suggests that consulting on the three areas of the consultation at the same time allows them to consider how financial provision at the end of relationships, whether through divorce, separation or death, can be made clearer, more consistent and better aligned with the realities of modern family life.
How can you respond to the consultation and does this matter?
The A fairer end to relationships consultation opens new window is open now. The government is seeking responses from academics, family law practitioners, the Family Courts’ judges and magistrates, Parliamentarians, support organisations and members of the public who have an interest in the law regarding cohabiting couples and financial provision on divorce in England and Wales.
This consultation closes at 11:59pm on 14 August 2026.
See also
What are the legal rights of cohabitating couples?
What are the intestacy rules in England and Wales?
Find out more
A fairer end to relationships consultation opens new window (Ministry of Justice)
Images
Adobe Stock
Publication date
8 June 2026
Any opinion expressed in this article is that of the author and the author alone, and does not necessarily represent that of The Gazette.