The UK government has proposed new legal protections for approximately 3.5 million unmarried couples, aiming to provide financial security in the event of a partner's death or relationship breakdown. The consultation, which runs until August, would allow couples to opt out of the new rules.
Who qualifies for the proposed protections?
Couples would need to have a child together or have lived together for at least three years to qualify. The protections would also apply to couples who previously cohabited, offering greater legal safeguards during a breakup.
The consultation document states: 'The government recognises that due to the cost of living pressures, financial security is more important than ever and the current outdated system offers unmarried couples who live together limited financial rights if their relationship ends. By bringing the family law into the modern day, the government's proposals will help couples, including survivors of domestic abuse, gain financial security at the end of a cohabiting relationship.'
Current legal position for unmarried couples
Matthew Barnett, private client partner at Edwin Coe, explains that 'common law marriage' is not a legally binding term in England and Wales. 'No matter how long a couple has lived together, cohabiting partners do not acquire the same legal rights as married couples or civil partners simply by virtue of living together. This is a widespread and persistent misconception and one with serious consequences. Many couples assume the law will protect them automatically when, in fact, it does not.'
If one unmarried partner dies without a valid will, the surviving partner has no automatic right to inherit their estate. Instead, the estate passes to blood relatives such as children, parents, or siblings, regardless of the length of cohabitation.
Real-life consequences of the current system
Lauren Preedy, a partner and family solicitor at Amicus Law, recalls numerous cases where long-term cohabiting partners faced financial hardship. She says: 'I have seen awful situations where people have cohabited for many years, having not married, and then have been left in financial hardship because the other person is the high earner, has a large pension pot and savings, and, in simple terms, the other person has no right to sharing those assets. If they were married, then they would have been.'
One client who left a 28-year unmarried relationship was at a significant disadvantage. While she worked a minimum wage job, her partner earned £75,000. His pension pot was worth £700,000, while she had nothing. His savings amounted to £300,000, and hers nil. 'She was only entitled to 50% of the house and nothing more,' Lauren says. 'In marriage, there would have been sharing of the pension and the cash.'
How to protect yourself without marriage
Lauren advises all couples who plan to live together, married or not, to seek legal advice at the beginning. 'Having clear arrangements in place, whether through cohabitation agreements or pre- and post-nuptial agreements, can help avoid uncertainty later on. The more certainty, the better.'
Around 66% of Brits do not have a will or have an out-of-date one. When a person dies without a will, their estate is distributed according to strict rules called 'the rules of intestacy,' which typically only benefit married or civil partners and certain relatives.
Wills and estate planning expert Steve Bish explains the process: 'First, the estate must be valued and any debts, taxes, and liabilities settled. A close relative, usually a spouse or child, applies for letters of administration, which gives them authority to manage the estate.' The application requires a death certificate, a detailed list of assets and liabilities, and a £273 fee.
