Living Together but Not Married? The Law Is About to Change
If you live with your partner but you are not married or in a civil partnership, you need to know about a major legal development happening right now.
The Government has confirmed it will launch a formal consultation on cohabitation law reform in Spring 2026. It has described the issue as “a matter of utmost importance.” For the millions of unmarried couples across England and Wales, this could be the biggest shift in family law in years.
But here is the problem. The law has not changed yet. And until it does, you may have far fewer rights than you think.
The “common law marriage” myth
One of the most widely believed legal myths in England and Wales is the idea of “common law marriage.” Many people assume that if you live with your partner for long enough, you gain the same legal rights as a married couple.
This is not true. It has never been true.
No matter how long you have lived together, whether you have children, whether you share a mortgage or have built a life side by side, unmarried couples have no automatic legal rights over each other’s property, pensions, savings or inheritance.
Research from the British Social Attitudes survey found that nearly half of the public still believes in this myth. That means millions of people are making life decisions based on protections that simply do not exist.
What happens when an unmarried couple separates?
When a married couple divorces, the court looks at what is fair. It considers everything: property, pensions, income, childcare responsibilities, future needs. The law gives judges wide powers to divide assets and arrange financial support.
When an unmarried couple separates, none of that applies. There is no equivalent process. Instead, disputes are usually settled using complex property and trust law. The court does not ask what is fair. It asks who legally owns what.
This can leave one partner, often the person who reduced their working hours to care for children, with very little. In some cases, a parent who has lived in the family home for years can be left without a roof over their head once the youngest child turns 18.
Why is the Government acting now?
Cohabiting couples are the fastest-growing family type in the country. The number of couples living together without marrying rose from 5.5 million in 2014 to 6.5 million in 2024, according to Office for National Statistics figures. Around one in four couples who live together are not married.
The law has not kept pace with how people actually live. Family law professionals have been calling for reform for nearly two decades, since the Law Commission first published recommendations back in 2007.
In November 2025, the Government confirmed in a House of Lords debate that it would consult on both cohabitation rights and financial remedies on divorce at the same time. This joined-up approach signals that real change is on the table.
The consultation is expected to look at areas such as limited financial claims for long-term cohabiting partners, stronger protections for the financially weaker partner (often the primary caregiver), inheritance rights for unmarried partners, and the role of cohabitation agreements.
Ministers have stressed that any reform will not treat cohabitation as identical to marriage. But the goal is to close the gap that currently leaves so many people exposed.
What does this mean for you right now?
Reform may be coming, but it will not happen overnight. Even after the consultation, it could take years for new laws to come into effect. And there is no guarantee that any changes will apply to existing relationships.
That means waiting is not a safe option. If you are living with a partner and you have never taken legal advice, now is the time to do so.
There are practical steps you can take today to protect yourself and your family.
Get a cohabitation agreement in place. This is a written agreement between you and your partner that sets out what happens to property, finances and other assets if the relationship ends. It is far cheaper and simpler than trying to resolve a dispute later.
Make a will. If you are not married, your partner has no automatic right to inherit from you. Without a will, your estate could pass to family members instead, regardless of how long you have been together.
Check your property ownership. If you own a home together, make sure the legal ownership reflects what you have both agreed. Joint tenancy and tenancy in common work very differently, and the wrong setup could cost you.
Review your pension nominations. Pensions do not automatically pass to an unmarried partner. You may need to update your nomination forms.
How Marlborough Law can help
At Marlborough Law, we understand that talking about legal protections can feel uncomfortable. Nobody wants to plan for a relationship ending. But getting the right advice is not about expecting the worst. It is about making sure you and your family are properly looked after, whatever happens.
We help unmarried couples put cohabitation agreements in place, draft wills, review property ownership and understand their legal position. We also support clients through separation, divorce and all areas of private family law.
Our approach is straightforward and non-confrontational. We believe in mediation over litigation wherever possible, and we take the time to explain your options in plain language so you can make informed decisions.
If you are living with a partner and want to understand where you stand, get in touch with our team for a confidential, no-pressure conversation.
