Family Solicitors

With over 3.6 million living together but who are not married or in a civil partnership, the current legal framework leaves many vulnerable, particularly in the event of separation, illness, or death.

However, UK government is expected to launch a long-awaited consultation this year which is aimed at strengthening legal protections for cohabiting couples.

This could lead to significant reform in an area of law that many see as outdated and inadequate, but what is the position now?

What’s the Current Legal Position?

Unlike married couples, cohabitees do not have automatic legal rights in relation to each other’s property, finances, or pensions, regardless of the length of their relationship or whether they have children together.

Common misconceptions include:

• Believing that “common-law marriage” exists in England and Wales and gives rights similar to marriage (it does not).
• Assuming a partner is entitled to a share in a home without being a legal owner or proving a financial interest (often very difficult).
• Thinking that a surviving partner automatically inherits if the other dies without a will (they do not).

This can lead to deeply unfair outcomes for individuals who, for all intents and purposes, lived as spouses or life partners.

What Could the Consultation Address?

While the details are yet to be confirmed, the 2025 consultation is expected to explore:

• Property rights on separation – including the potential for fairer division of jointly used assets.
• Financial relief for cohabiting partners – particularly where one partner has sacrificed career progression for caregiving or childcare.
• Rights in death or serious illness – for example automatic recognition in inheritance or next-of-kin scenarios.
• Parental rights and responsibilities – especially where one parent is not biologically related to the child.

Why This Matters:

Both the Law Commission and Resolution have long recognised the need for reform. The current legal position often results in complex litigation, high costs, and distressing outcomes for separating couples who assumed they had legal protection.

With social trends moving away from marriage, this consultation is a long-overdue recognition of the reality of modern relationships.

What You Can Do Now?

While the law remains unchanged, there are practical steps cohabiting couples can take to protect themselves and reduce uncertainty:

• Cohabitation Agreement – A legally binding contract that sets out how assets, property, household bills, and other finances will be managed during the relationship, and what will happen if you separate. It can give both partners clarity and peace of mind.

• Declaration of Trust – If you are buying property together, this formal document records each person’s share in the property. It ensures contributions are recognised and can prevent disputes later on.

• Wills and Life Insurance – Without a will, your partner has no automatic right to inherit if you pass away. Writing a will and considering life insurance are essential to ensure they are financially secure and recognised legally.

• Open Conversations – Talking honestly about money, ownership, and expectations at the start (or as circumstances change) can prevent misunderstandings and avoid conflict in the future.

Taking these steps does not replace the rights that come with marriage or civil partnership, but they can provide important protection and security for you and your partner.

About the author:

Jaspreet Rai is a Supervising Solicitor based in the Birmingham office of Duncan Lewis Solicitors, specialising in Private Children Law, Divorce, Finances, and Domestic Abuse. She advises both privately paying and legal aid clients on a wide range of issues—child arrangements, specific issue and prohibited steps orders, private divorce, and financial settlements. Renowned for her sensitive, practical, and multidisciplinary approach, Jaspreet works collaboratively with parents to resolve disputes amicably and cost-effectively, always prioritising the best interests of the child, and keeping clients well informed of likely outcomes.

For legal advice, Jaspreet can be contacted at 020 7275 2569 or via email at Jaspreetr@duncanlewis.com

Duncan Lewis Solicitors

Duncan Lewis is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. We were most recently crowned Family Law Firm of the Year (London) at the prestigious LexisNexis awards 2024.