Cohabitation law reform – June 2026
As promised, the Government has launched a consultation bringing together three areas affecting families when relationships end:
The consultation document recognises that, whilst the number of couples living together without getting married has more than doubled in the past three decades, “the law hasn’t kept pace with the realities of modern families, leaving many without rights and facing financial hardship”. It is noted in the consultation paper that the lack of rights for cohabitants “disproportionately affects vulnerable groups such as women, children and victim-survivors of domestic abuse (including economic abuse)”. The Government is hoping the reforms will positively impact this.
Views are being invited on introducing a statutory framework of rights and protections, for “eligible cohabitants” at the point of separation. A few references are made in the consultation document to the importance of marriage and as “marriage as a distinct institution”. Consequently, the proposal is that any statutory framework should be narrower than that which is available on divorce.
So who is an “eligible” cohabitant? The Government is of the view that the proposed framework should apply only to relationships where two people are living together as a couple in an “enduring family relationship”, with or without children. No definition is provided for “enduring”, but the stated intention is to “ensure the framework applies to cohabitants who are in romantic, committed, long-term interdependent relationships” and to “relationships which demonstrate stability, mutual commitment and a shared life”. Some suggested factors include the existence of a joint household, stability of the relationship, financial arrangements, responsibility for children, presence of a sexual relationship, and public recognition of the relationship.
The Government proposes that couples must have lived together for a minimum of three years before they can access the rights and protections offered by the cohabitation framework. The exception to this would be if the couple live together and have had a child, or if there is a child present who is considered a member of the family. This is to ensure a child’s needs can always be met, since “a child’s welfare is of utmost importance, and supporting both parents in these situations helps to safeguard the child’s wellbeing”.
The Government proposes a two-year time limit for bringing a financial claim after a cohabiting relationship has ended, meaning individuals would need to make an application within two years of separation for the claim to be considered by the court.
Whilst the Government isn’t proposing that cohabitants are treated in exactly the same way as married couples on divorce, so there would be no starting presumption of a 50:50 split of relationship assets on separation, it is proposing a needs-based approach. This is similar to the approach taken with married couples on divorce, although it’s expected to be applied more narrowly for cohabitants than it is for married couples.
The Government has decided against pursuing a compensation-based model where the court would be given the objective of compensating disadvantage suffered by one partner for the benefit of the other as a result of decisions arising from their relationship. It considers that this approach would not provide the necessary protections for the most vulnerable, and a needs-based approach is more likely to do so.
It is proposed that, where cohabitants meet the qualifying criteria under the new framework, the court should have access to a broad set of remedies which reflect what is available on divorce, including property adjustment orders, lump sum orders and pension sharing orders. The court would also have access to maintenance orders, although it is proposed that these would only be available in exceptional circumstances.
An “opt-out” model is proposed under the cohabitation framework. Under this approach, qualifying cohabitants would be covered by the statutory framework by default, but they can choose to opt out of these rights and protections if they mutually agree to do so. It is envisaged that those wishing to opt out would need to enter into formal agreements made by deed, after both receiving independent legal advice and providing financial disclosure, as with nuptial agreements for married couples.
Comments on the consultation can be provided here on the Ministry of Justice Consultation Page.
In the meantime, with any reform dependent on future parliamentary time, we’re encouraging couples not to wait, as a cohabitation or pre-nuptial agreement can offer protection now, whatever the law eventually delivers.
Lauren Heathcote is a Senior Associate Solicitor in our Tunbridge Wells office.