93% of Cohabiting Couples Have No Financial Agreement: Family Law Experts Say New Government Consultation Must Deliver Real Protection
The consultation, titled “A fairer end to relationships”, opened on 5 June 2026 and will run for ten weeks until 14 August 2026. As the law stands, when an unmarried couple separates, neither partner has an automatic right to a share of the other’s property or finances, regardless of how long they have lived together.
For cohabiting couples, the Government is asking whether the law should change to:
Importantly, these protections would not apply to everyone. The Government has suggested that they would cover couples who have lived together for at least three years or have a child together, and that any new rights would be more limited than those a married couple receives on divorce.
The absence of formal agreements among the firm’s own clients reflects the scale of vulnerability facing couples across England and Wales. Family Law Partners says the consultation is a chance to close a gap that has left millions exposed to disputes, prolonged litigation and financial loss when relationships break down.
Robert Williams, co-founder of Family Law Partners, says, “This consultation is a welcome and overdue step. For years, the myth of ‘common law marriage’ has led people to believe they have protections that simply do not exist, and we see the consequences of that misunderstanding in our work every week.
“More than 90% of the couples we advise have had no formal agreement in place whilst cohabiting, leaving their financial future to chance. If the consultation delivers a clear set of rights on separation, fair recognition for bereaved partners and legally binding agreements, it could give cohabiting couples the certainty the current law denies them.”
Legal organisations have welcomed the announcement. Resolution, which represents around 6,500 family justice professionals, has welcomed the consultation, with its Chair describing it as a significant step towards ending the unfairness faced by cohabiting couples.
Family Law Partners’ data demonstrates that the status quo has left the vast majority of couples without meaningful protection. This represents an outdated position that the consultation can promptly address.
“We regularly see the emotional and financial fallout when couples separate without any plan in place,” said Williams. “Simple steps taken before moving in together or if the relationship moves to marriage, a pre-nuptial agreement, such as a cohabitation or pre-nuptial agreement, can prevent years of stress later. This consultation is the chance to build those protections into the law itself.”
With more than 3.5 million cohabiting couples in England and Wales lacking the legal safety net of marriage, Family Law Partners is responding to the consultation and continues to advise clients on protective agreements. The team is also working with policymakers and professional organisations to build consensus around fairer, clearer laws for modern relationships.
In the meantime, with any reform dependent on future parliamentary time, the firm is encouraging couples not to wait, as a cohabitation or pre-nuptial agreement can offer protection now, whatever the law eventually delivers.
Methodology:
Family Law Partners’ client data.
2020-2023 data segment.
Sourced from the firm’s onboarding tool, powered by Nova Engage.
Data self-declared by client respondents upon engaging the firm.
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