Government launches cohabitation law reform consultation

The government launched the "A Fairer End to Relationships" consultation on 5 June, seeking views on reforms that could affect around 3.5 million cohabiting couples in England and Wales¹. The consultation runs until 14 August and covers proposals on property, pensions, inheritance, savings and how domestic abuse is weighed in family court financial decisions¹. It applies only to England and Wales¹.

Under current law, unmarried partners have no automatic right to inherit under intestacy rules in England and Wales, and no automatic rights to a partner's money or property on separation or death, regardless of how long the couple has been together¹. The main exceptions are child maintenance and jointly owned assets¹. The consultation proposes giving eligible unmarried partners an automatic legal right to inherit, similar to married couples and civil partners, and asks how long a couple should have lived together to qualify. It suggests a period of two or five years, or less if they have a child together, and is also looking at how to balance new rights with the interests of children from previous relationships¹.

On property, the consultation proposes allowing family courts to adjust property rights to correct financial imbalances caused by the relationship, for example where one partner gave up work or reduced earnings to care for children. Couples would be able to opt out through a valid legal agreement¹. On pensions, the government rejected a default 50/50 split, warning it could force families to sell their homes immediately, and instead proposes a specific requirement for courts to consider retirement needs when making financial orders¹. For unmarried couples who separate, a new system would let courts look at a couple's overall money, including pensions¹. The consultation also proposes "qualifying nuptial agreements", which would make certain pre and post-nuptial agreements legally binding provided strict safeguards are met¹.

On savings, separate bank and savings accounts currently belong strictly to the person named on the account, regardless of non-financial contributions such as childcare. The proposals would allow courts to order "financial provision" where a relationship caused an unfair economic advantage to one partner or a disadvantage to the other, potentially a payment or short-term maintenance¹. The consultation also asks whether domestic abuse, including coercive control and economic abuse, should be given greater weight in financial decisions¹.

A 2026 YouGov survey of 2,108 UK adults, commissioned by law firm Forsters, found that 60% of respondents, and 81% of cohabiting couples, believed unmarried partners should inherit assets free of Inheritance Tax. Additionally, 52% said unmarried couples with children should qualify for rights within five years of living together¹.

Why it matters for households

The proposals, if enacted, would change what happens to money and property when unmarried couples in England and Wales separate or one partner dies. At present, a cohabitant has no automatic claim on a partner's pension, savings or estate, and separate accounts remain with the named holder even where the other partner contributed through unpaid care¹. The consultation's suggested qualifying periods of two or five years, or less where there is a child, would set the point at which inheritance rights could arise¹. Any change would follow legislation; the consultation itself does not alter existing rights, and no commencement date has been reported¹.

What happens next

The consultation closes on 14 August¹. No date for a government response or for legislation has been reported¹.