The Government is asking for public views on how the law works for couples who live together but are not married if they separate. This is part of a consultation called A Fairer End to Relationships, which is open online until mid-August.
The Government is asking for public views on how the law works for couples who live together but are not married if they separate. This is part of a consultation called A Fairer End to Relationships, which is open online until mid-August.
The consultation covers:
- Financial arrangements when couples divorce
- Whether unmarried couples (cohabiting couples) should have better legal protection when they separate
- What happens if someone dies without a Will (intestacy)
This follows many years of calls for change and could lead to important updates in how the law supports unmarried couples.
Family law expert Liz Potter explains the current legal position and why there is still confusion about ‘common law marriage’.
A growing issue for modern families
There are around 3.6 million couples in the UK who live together without being married. This makes them the fastest-growing type of family.
However, many people are surprised to learn that unmarried couples do not have legal protection when it comes to finances or dividing assets if they separate. A lot of people still believe they are in a ‘common law marriage’.
In reality, this is a myth, and there is no such legal status.
Unmarried couples generally have no more legal rights than two friends who decide to buy a property together.
As a family lawyer, I regularly see the impact of this misconception. Many clients believe they will be financially secure as a ‘common law spouse’, but that simply is not the case. This consultation is an important step towards achieving a fairer outcome and reducing the financial impact of separation.
What happens if you separate?
This misunderstanding can cause problems when relationships break down, especially if one partner thought they were protected.
For example, many people believe that living in a partner’s home for years gives them a legal right to it, or contributing to bills or household costs gives them a share in the property.
In most cases, this is not true for cohabiting couples.
If your name is not on the property it is usually difficult and expensive to make a legal claim, and you may need strong legal evidence to succeed.
A Deed of Trust can sometimes help, but without one, cases can be complex and uncertain. Legal claims often require detailed assessment and may involve court proceedings.
Unlike divorce, unmarried couples cannot claim:
- Pensions
- Savings
- Maintenance (financial support)
- Debts
These types of claims are only available to married couples or those in civil partnerships.
There is also a serious risk if one partner dies without making a Will.
For unmarried couples the surviving partner has no automatic right to inherit, so they may receive nothing.
This can lead to major financial difficulties and, in some cases, the risk of losing their home.
Who is most affected?
The lack of legal protection often affects: women, children and victims of domestic or financial abuse.
Although more women are in work today, many still take on the role of main carer or manage the home while their partner earns more.
In marriage, the law takes these contributions into account and aims to reach a fair outcome.
For unmarried couples, these protections do not apply.
Any changes from the consultation are likely to be more limited than the rights available on divorce, but they could still improve protection for unmarried couples.
Have your say
The consultation closes on 14 August 2026 and can be found here; https://www.gov.uk/government/consultations/a-fairer-end-to-relationships
I am able to assist clients with all areas of separation disputes and family issues. I am a Chartered Legal Executive Litigator with almost two decades of post-qualification experience, and hold Specialist Accreditation with Resolution in relation to matrimonial finances and private law children matters.
Links to my online profiles are below:-