The UK government has launched a consultation proposing new rules for unmarried couples living together in Wales and England, introducing a 'three-year rule' that would grant additional financial rights if a partner dies or the relationship ends.
Current Situation for Unmarried Couples
Currently, unmarried partners have no automatic legal right to inherit from a deceased partner, regardless of how long they lived together or if they have children. This 'outdated' system leaves many vulnerable, especially when relationships break down or a partner dies without a will. The government aims to address this with new proposals.
Key Proposals in the Consultation
The consultation, running from June 5 to August 14, 2026, includes several key changes:
- Three-year cohabitation rule: Couples living together for at least three years would qualify for automatic rights, except if they have children together, in which case the period may be shorter.
- Inheritance rights: Bereaved partners would get automatic rights to inherit if their partner dies without a will, preventing financial uncertainty.
- Property division: Individuals could access a portion of a property sale to safeguard their financial future after separation.
- Domestic abuse protections: Courts would consider domestic abuse, including coercive or economic abuse, when evaluating finances for married and cohabiting couples.
- Pre-nuptial agreements: These and post-nuptial agreements would become legally enforceable, ensuring financial wishes are respected on divorce.
Expert Views on the Proposals
Paul Lewis, speaking on BBC's Money Box, highlighted that cohabitation is the fastest-growing relationship type in England and Wales, with over 3.5 million couples living together without marriage or civil partnership. He noted that under current law, these couples have almost no legal rights to share or inherit money or property, regardless of relationship length or children.
Joanne Edwards, a partner at Forsters and member of Resolution, the national family lawyers association, emphasised the importance of the proposals. She stated that the 'common law marriage myth' still persists, with 47% of cohabiting couples mistakenly believing they have legal protections. The new rules would help dispel this myth and provide a basic framework of rights.
How the 'Three-Year Rule' Would Work
The government defines a cohabiting couple as 'two people living together as a couple in an enduring family relationship'. A checklist of factors would determine eligibility, including the degree of permanence, whether they are in a sexual relationship, and public perception. The 'three-year clock' would start from when they begin living together as a couple, with flexibility for fluid living arrangements.
Limitations and Exclusions
The rights under the cohabitation framework are more limited than marriage. They focus on basic needs, ensuring no one leaves an unmarried relationship in a position of need. However, inheritance tax is excluded, as it falls under Treasury jurisdiction. Paul Lewis noted this seems 'a bit silly', but Edwards acknowledged that the proposals are a welcome start.
Consultation Details
The 10-week consultation seeks opinions from the public, legal professionals, academics, charities, and other stakeholders. Deputy Prime Minister David Lammy stated: 'When a relationship comes to an end, each partner should have the support and certainty they need to rebuild their life. These reforms strike an important balance between tradition and modernity.'
The proposals aim to protect vulnerable individuals, including survivors of domestic abuse, and ensure financial security and independence at the end of a cohabiting relationship, regardless of marital status.
