A major Government consultation on proposed family law reforms could significantly change the rights of unmarried couples once relationships end.
The consultation, which closed on August 14, proposed a new legal framework for qualifying cohabiting couples.
The Government will now consider responses before deciding on next steps. Under the proposals, couples who have lived together for at least three years could qualify for financial protection.
However, the three-year requirement would not apply to couples who live together and share a child. The new framework would automatically apply to eligible couples, though they would be given the option to opt out.
Additionally, courts may make financial orders on property, lump sums and pensions in appropriate cases – with a focus on meeting needs rather than dividing assets equally.
The intention is to provide greater protection for vulnerable partners while still preserving a legal distinction between marriage and cohabitation.
WHN’s Director, Head of Family, David Connor gives his verdict on the proposals and provides further detail on the consultation.
Why is change needed?
Family lawyers, for many years, have highlighted the gap between public perception and reality when it comes to the legal rights of cohabiting couples.
Currently, if a relationship breaks down, there is very limited financial protection for couples who live together but are not married.
According to the consultation, there are more than 3.5 million cohabiting couples in England and Wales – more than double the number 30 years ago.
Despite that shift, the law has not kept pace. These proposals aim to create a fairer system which reduces uncertainty.
What other reforms are proposed?
Automatic inheritance rights for qualifying cohabitants where a partner dies without a valid will are also being considered. At present, an unmarried partner does not automatically inherit in such circumstances.
If introduced, this could provide much-needed protection for long-term partners who currently find themselves in a vulnerable position after the death of a loved one.
Changes to financial remedy law after divorce are also being considered, with the aim of making rules around financial settlements clearer and more predictable – including how assets, pensions and financial needs should be treated.
Qualifying pre-nuptial and post-nuptial agreements, where safeguards are met, would also be binding under the reforms.
The Government says these changes are intended to make outcomes easier to predict and reduce conflict between separating couples.
What does David think?
These proposals recognise the reality of modern family life. Many people will welcome reforms that provide greater protection for cohabiting couples and their children.
A Government Family Test revealed that 47 per cent of people wrongly believe that living together creates a “common law marriage” providing legal protection on separation or bereavement.
The Government will now consider responses to the consultation and further changes are possible before any legislation is introduced.
There is still some way to go before the proposals could become law, and previous governments have considered reform in this area without introducing legislation.
Nonetheless, the proposals represent one of the most significant reviews of family law in years.
For the time being, cohabiting couples should understand their current legal position and consider the steps they can take to protect themselves.
David Connor has more than 35 years’ experience as a solicitor. He specialises in all areas of family law and has a wealth of experience in complex, high-value cases.
David heads WHN’s Rawtenstall office, leading its services for individuals, family and Legal Aid teams while overseeing regulation and compliance across the firm.
If you are living with a partner, thinking about moving in together, separating from a partner or considering a pre-nuptial agreement, obtaining early legal advice can make a significant difference.
WHN Solicitors’ family law team can advise on cohabitation agreements, financial settlements, pre-nuptial agreements, child arrangements and all aspects of relationship breakdown. Contact us for a confidential discussion about your circumstances.
Contact David on 01706 232039 or david.connor@whnsolicitors.co.uk
