Proposed reforms could give 3.5 million unmarried couples in England and Wales new financial rights after three years together, under a new statutory framework. The changes were outlined on BBC Radio 4's Moneybox Live programme.
Currently, unmarried partners have no automatic legal entitlement to inherit from a deceased partner, regardless of how long they were together or whether they share children. The government has described the existing framework as 'outdated', providing minimal financial protections when relationships break down.
What the proposals include
The proposals would enable people to access a portion of property proceeds to help safeguard their financial stability. They would also assist couples, including survivors of domestic abuse, in achieving financial security and independence at the conclusion of a cohabiting relationship, 'whatever their marital status'.
Presenter Felicity Hannah said: "Major changes could be on the way for the financial rights of many unmarried people. There are 3.5million UK couples living in unwedded bliss."
She added: "It's the fastest growing kind of family in the country but now the government wants to change how cohabiting couples in England and Wales divide money and property if they split up or if one of them dies."
Current legal gaps
Hannah Saxe, a specialist family solicitor at Brabners law firm, explained the current limitations: "There is very limited remedies available on relationship breakdowns for unmarried families and there's a common misconception you can be someone's common law spouse."
She noted that unmarried partners cannot claim against a partner's pension, savings or investments, and there is no responsibility between cohabiting partners to support the other financially if they gave up work to care for children. Property claims fall under property and trust law "not really designed with families in mind".
Qualifying criteria and next steps
The government is proposing a specific statutory framework for unmarried couples on relationship breakdown, potentially including property transfers, capital sums, pension sharing orders and, in exceptional cases, maintenance. However, the remedies would be narrower than those available to married couples on divorce.
Ms Saxe said couples "would have to meet certain qualifying criteria for the law to apply to them", including "talk of a three year relationship qualifying and also if you have a child together". The consultation will also examine whether courts should place greater emphasis on the effects of domestic abuse, including controlling or coercive behaviour or economic abuse, when evaluating finances for married couples and those living together. The public now awaits the government's response to the consultation findings.
