The government's consultation on giving cohabiting couples new legal rights is set to close in less than two months, and with Andy Burnham potentially becoming Prime Minister, the issue could be one of the first his government faces. Under proposed 'three-year rule', individuals would gain entitlements if their partner dies or the relationship breaks down.
Current Legal Position
In England and Wales, cohabiting partners currently have no automatic legal entitlement to inherit from a deceased partner, regardless of relationship length or shared children. The government launched a fresh consultation on plans to change this. On BBC Morning Live, lawyer Gary Rycroft outlined how the system might operate.
Under the proposed rules, couples would need to meet criteria to be recognised as in a relationship, requiring a minimum of three years living together unless they have a child together. Mr Rycroft said: "There are three and a half million couples in the UK who are living together who are not married or in a civil partnership. They are cohabiting, and that's double the number 30 years ago."
Implications for Couples
He explained that people might not realise they possess no legal entitlements if they separate or their partner dies, potentially being left with nothing. "That's fine if it's an informed decision and if people understand implications but if you aren't married or in a civil partnership, then there can be something unjust happens if your partner dies or if you split up," he said.
Regarding Mr Burnham's potential coronation, he added: "Well, this is a consultation. It's a conversation that the government have launched and even if there's a change of Prime Minister, this is going to carry on. It was actually part of the Labour Party manifesto that they would look at these issues."
Safety Net for Vulnerable
Host Helen Skelton noted that many of her friends live together for years without marrying. Mr Rycroft said: "The law is a bit of a blunt instrument. You're either married or in a civil partnership or you're not. And if you're not, it can have an unfair result." He highlighted that Women's Aid found in 2024 that it can cost about £50,000 to leave a partner and set up home again, and up to three-quarters of women said they weren't going to leave because of financial consequences.
The consultation document states the framework would apply automatically to eligible couples, with an opt-out option. Eligibility requires living together for at least three years or sharing a child. Shorter relationships will attract more limited awards.
Expert Views on Implementation
On BBC's Money Box, expert Paul Lewis raised questions about when the 'three-year clock' would start, given fluid living arrangements. Joanne Edwards, a partner at Forsters and on the national committee of Resolution, said: "It's an important point and one which the checklist of factors would deal with. It would be about the degree of permanence, whether they're in a sexual relationship, what the public perception of their relationship is." She noted similar legislation exists in other countries.
The consultation launched on June 5 and runs for 10 weeks, closing on August 14. Deputy Prime Minister David Lammy said: "When a relationship comes to an end, each partner should have the support and certainty they need to rebuild their life."
