Unmarried Couples Rights in the UK: What You Need to Know in 2026
According to the Office for National Statistics, 6.5 million people in England and Wales are living together as a couple outside of marriage or civil partnership. For the first time, fewer than half of adults were married or in a civil partnership. Yet despite this, cohabiting couples have very limited automatic legal protections, and the idea of a "common law marriage" remains a myth with no standing in law.
That may be about to change. On 5 June 2026, the Government published A Fairer End to Relationships, proposing some of the biggest reforms to family law in decades. This blog sets out what those proposals mean, what the current law says, and what you can do to protect yourself now.
The Government's Proposed New Laws for Cohabiting Couples
In June 2026, the Ministry of Justice launched a major consultation covering three areas: financial protections when cohabiting couples separate, inheritance rights when a partner dies, and financial arrangements on divorce. The proposals were put forward as part of the Labour Government's commitment to strengthen protections for women in cohabiting relationships.
Here is what the proposals would mean for unmarried couples:
Who would qualify. Couples who have lived together for at least three years, or who have a child together, would be covered, with no minimum time requirement where children are involved.
Protection would be automatic. The rights would apply without needing to do anything. Both partners could choose to opt out if they agreed they did not want them.
It would not work like divorce. There would be no 50:50 split. Each person would keep what they legally own, and the court would only step in to meet basic needs such as housing, income, or pension.
Surviving partners would have the right to inherit. If your partner dies without a will, you currently receive nothing. Under the proposals, qualifying cohabitants would automatically inherit, removing the need for expensive and uncertain court proceedings.
Domestic abuse would be taken more seriously. Courts would find it easier to factor in abuse, including financial abuse such as controlling money or imposing debt, when deciding financial outcomes, giving victim-survivors a clearer route to independence.
What Does This Mean for Unmarried Couples Now?
It is worth being clear: none of this has been passed into law. The consultation is still at the proposal stage, and the Government has said legislation will be introduced when parliamentary time allows. Until then, the current rules still apply, and they offer very little protection for cohabiting couples. Speaking to a specialist cohabitation lawyer is the best way to understand your position right now.
Is There Such a Thing as a Common Law Marriage in the UK?
No. Despite being widely believed, common law marriage has no legal standing in England and Wales. No matter how long you have lived with a partner, or whether you have children together, cohabitation does not automatically create the same rights as marriage or civil partnership.
Research cited in the Government's June 2026 consultation found that almost half of people in England and Wales — 47% — still believe that a common law marriage exists. This misunderstanding can have serious consequences when a relationship breaks down or a partner dies unexpectedly.
The law currently treats two unmarried people, in most respects, as unrelated individuals. That means that financial claims are significantly limited, property rights depend largely on legal ownership, and there is no automatic right to inherit from a partner who dies without a will.
What Rights Do Unmarried Couples Currently Have?
Unmarried couples have far fewer rights than most people think. Across property, finances, inheritance, and pensions, the law does not treat cohabiting couples anything like married ones. Here is what you need to know in each area.
Property
If a property is in your partner's name only, you have no automatic right to any of it, even if you have been contributing to the mortgage or bills for years. To claim a share, you would need to go to court under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), which can be lengthy and expensive. If the property is in both names, the starting point is an equal split, though how you hold it legally affects what happens if one of you dies. Our cohabitation lawyers can help you get the right paperwork in place early to avoid disputes further down the line.
Financial Support
There is no equivalent of spousal maintenance for unmarried couples. When a cohabiting relationship ends, neither partner has a right to ongoing financial support from the other, regardless of how long you were together. The one exception is children. Both parents must financially support their children no matter their marital status. The Child Maintenance Service can calculate and enforce payments, and Schedule 1 of the Children Act 1989 allows further court applications for the children's benefit. Our blog on parental rights in the UK covers this in more detail.
Inheritance
If a married person dies without a will, their spouse automatically inherits. If you are unmarried and your partner dies without a will, you are entitled to nothing, no matter how long you lived together. Your only legal route would be a court application under the Inheritance (Provision for Family and Dependants) Act 1975, which is costly and uncertain. Making a will is one of the most important steps any unmarried couple can take.
Pensions
Long-term cohabitation gives you no automatic right to your partner's pension. If your partner dies, you could receive nothing unless they specifically named you as a beneficiary with their provider. This does not happen automatically and needs to be arranged directly. You can read more about how pensions are treated on separation in our guide to money and property when you divorce.
Parental Responsibility
Mothers automatically have parental responsibility. Unmarried fathers only acquire it automatically if they are named on the birth certificate (for births after 1 December 2003). If not, a formal agreement or court order is required.
What Happens When Unmarried Couples Separate?
When a married couple divorces, there is a clear legal process they follow. For unmarried couples, it is not that straightforward. Property and money disputes go through one court, while issues around children go through a completely separate one. There is no single process that ties everything together, which can make separation slower, more stressful, and more expensive than people expect.
The earlier you get advice, the better. Our family law solicitors can explain what you are entitled to, help you negotiate a fair outcome, and in many cases help you avoid going to court altogether.
If domestic abuse is part of your situation, please do not feel you have to deal with it alone. Our domestic violence solicitors can help you understand your options safely and confidentially.
How Can Unmarried Couples Protect Themselves Now?
The good news is you do not have to wait for the law to change. There are some straightforward steps you can take now to protect yourself and your partner:
Get a cohabitation agreement. Think of this as a written record of what belongs to who, how you share finances, and what would happen if you went your separate ways. As long as it is properly drawn up and you both take independent legal advice, it can be enforced in court.
Set up a declaration of trust. If you are buying a home together, this document records exactly what each person has put in and what share they would get if the property was sold. It takes the guesswork out of a potentially difficult conversation later.
Make a will. Without one, your partner is not automatically entitled to anything if you die. A will makes sure the people you care about are looked after, and it should be updated any time your circumstances change.
Name your partner on your pension. Contact your pension provider directly and make sure your partner is listed as a beneficiary. This does not happen by default and is easy to overlook.
Keep a record of what you contribute. If a dispute over property ever arises, having clear evidence of what you have paid towards the mortgage, renovations, or household bills can make a real difference.
How RJS Family Law Can Help
The law as it stands leaves many cohabiting couples in a vulnerable position, and the consequences of not having the right protections in place can be serious. Whether you are just moving in together, have been living together for years, or are facing a separation, it is always worth speaking to a specialist.
At RJS Family Law, we give clear, practical advice to unmarried couples on everything from cohabitation agreements and declarations of trust to property disputes and separation. Get in touch today for a conversation about where you stand.
FAQs
What is a cohabiting couple?
A cohabiting couple is two people who live together in a long-term relationship without being married or in a civil partnership. While cohabitation is increasingly common in the UK, cohabiting couples do not currently receive the same legal protections as married couples.
Does living together for a certain number of years create legal rights?
No. There is no specific period of time that automatically gives unmarried couples the same rights as spouses or civil partners. Whether you have lived together for two years or twenty years, your legal rights will generally depend on factors such as property ownership, financial arrangements, and whether you have children together.
Can unmarried couples make legal agreements about their finances?
Yes. A cohabitation agreement can set out how finances, property, savings, and household expenses will be managed during the relationship and what should happen if the relationship ends. Taking legal advice when creating the agreement can help ensure it reflects both parties' intentions.
What happens to joint bank accounts when unmarried couples separate?
Joint bank accounts remain jointly owned regardless of relationship status. Following separation, both account holders may still have access to the funds unless alternative arrangements are made. It is often sensible to review joint financial arrangements as soon as a relationship ends.
Are the proposed new laws for cohabiting couples likely to become law soon?
The Government's June 2026 consultation is an important step, but the proposals have not yet been enacted. Any changes would need to pass through Parliament before becoming law. Until then, the existing legal framework for unmarried couples remains in place.
Should unmarried couples make wills even if they are young?
Yes. Many people assume wills are only necessary later in life, but unmarried couples of any age should consider making one. A will can ensure that your partner is provided for according to your wishes and can help avoid unnecessary legal complications after death.