For years, unmarried couples in England and Wales have faced a very different legal position to married couples and civil partners when relationships come to an end. Now, proposed reforms being considered by the Government could significantly change that. One of the most talked about suggestions is that couples who have lived together for at least three years, or who share a child, could become eligible for certain financial remedies if their relationship breaks down. While the details remain unclear, the proposals have sparked debate about what this could mean for homeowners, families and cohabiting couples across the country.
Why is the law being reviewed?
The current legal framework has remained largely unchanged for decades, despite major shifts in how people choose to live. According to the Office for National Statistics, cohabiting couples are now the fastest growing family type in England and Wales, with millions of people choosing to live together without marrying or entering into a civil partnership. Despite this, cohabiting couples currently have far fewer legal protections than married couples, particularly when it comes to property, finances and inheritance. The Government has launched a consultation to explore whether the law should better reflect modern family life.
What could change?
Under the proposals being discussed, couples who have lived together for at least three years may become entitled to seek financial remedies following separation.
Potentially, courts could be given powers to make decisions relating to:
- Property ownership
- Financial settlements
- Ongoing financial support in some circumstances
However, the Government has stressed that any rights granted to cohabiting couples would be different from, and more limited than, those available through divorce. At this stage, many important details remain unknown.
What does "living together" actually mean?
One of the biggest unanswered questions is how cohabitation would be defined.
Would a couple need to live together full time?
Would spending most nights together be enough?
What happens if one partner owns another property?
How would periods of separation be treated?
Without clear definitions, there is uncertainty around who might qualify for protection and how eligibility would be assessed.
Could homeowners be affected?
Potentially, yes.
Many people assume that if a property is in their sole name, ownership is straightforward. However, disputes can and do arise when long term relationships end. In practice, legal professionals regularly deal with cases where one partner owns the property while the other has lived there for many years, contributed financially in some way, or made sacrifices based on the expectation of a shared future. If the law changes, property owners and cohabiting partners may both find themselves affected in ways that are not yet fully understood.
What about later life relationships?
The proposed reforms could have a particularly significant impact on people entering relationships later in life. Many couples choose not to marry after divorce or bereavement, often believing this will help keep finances and property separate. However, if cohabitation rights are expanded, those assumptions may need to be revisited. Anyone entering a new relationship involving shared living arrangements should consider seeking legal advice to understand how future changes could affect them.
Could there be unintended consequences?
As with any major legal reform, there are concerns about how the proposals could work in practice. Questions remain over how courts would deal with disputes, whether existing cohabitation agreements would remain effective, and how claims involving family members could be treated. For example, many parents help children purchase property, while some siblings buy homes together. If legal protections are linked to living arrangements and financial contributions, lawmakers will need to carefully consider how these situations fit within any new framework.
Should couples do anything now?
Although no changes have been introduced yet, the consultation highlights the importance of understanding your legal position. Whether you own property jointly or individually, it is sensible to seek legal advice when making major financial commitments with a partner. It is also worth regularly reviewing your Will and wider estate planning arrangements, particularly as separate proposals could affect inheritance rights for cohabiting couples in the future.
The bottom line
The idea that living together for three years could create financial rights is attracting significant attention, but the reality is that many questions remain unanswered.
The Government's consultation represents one of the most significant discussions about cohabitation law in recent decades. While reform may be needed to reflect modern relationships, the detail will ultimately determine who benefits, who is affected, and whether the changes achieve the right balance.
Until further information becomes available, cohabiting couples should avoid making assumptions about their legal rights and seek professional advice where appropriate.
Need advice about cohabitation, property ownership or separation?
The law surrounding unmarried couples is changing, and understanding your rights has never been more important.
Whether you're moving in together, buying a home or facing a separation, Josh Russell and the family team at Brethertons can provide clear, practical legal advice tailored to your circumstances.
Get in touch today to discuss your options and protect your future.