The UK government has launched a consultation on proposed reforms that would grant legal rights to unmarried cohabiting couples in England and Wales after a minimum of three years living together, or immediately if they share children. The changes aim to address the current lack of automatic inheritance and asset-sharing rights for cohabiting partners, a situation that lawyer Gary Rycroft described as potentially unjust.
Current legal position for unmarried couples
Currently, unmarried partners in England and Wales have no automatic legal entitlement to inherit from a deceased partner, regardless of how long they have lived together or whether they have children. This contrasts sharply with married couples and civil partners, who have defined legal rights upon death or separation. Rycroft, speaking on BBC Morning Live, noted that there are 3.5 million cohabiting couples in the UK—double the number 30 years ago—representing a significant shift in living arrangements.
Proposed three-year cohabitation rule
Under the proposed framework, couples would need to meet eligibility criteria to be recognised as a partnership. The government consultation document states that eligibility would be limited to adults in long-term, committed, and interdependent relationships who have lived together for at least three years, or who live together and share a child. The framework would apply automatically to eligible couples, with an option to opt out if both partners agree. As with divorce, shorter relationships would likely attract more limited awards.
Expert views on the reforms
Rycroft explained that many people are unaware that upon separation or the death of a partner, they have no legal entitlements. He said: “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 whereas if you're married in a civil partnership, then defined rules occur.” He emphasised that the consultation aims to put in place a safety net, particularly for those in abusive or economically controlling relationships. He cited a 2024 Women's Aid report finding that it can cost about £50,000 to leave a partner and set up home again, and that up to three-quarters of women said they would not leave due to financial consequences.
Determining cohabitation and practicalities
On BBC's Money Box programme, expert Paul Lewis raised questions about how cohabitation would be defined, given that people may move in together while retaining previous homes or spending only part of the week together. Joanne Edwards, a partner at Forsters and a member of Resolution, the national family lawyers association, said a checklist of factors would address this, including the degree of permanence, whether the couple is in a sexual relationship, and public perception. She noted that similar legislation already exists in other countries and in UK adoption law.
Government consultation and timeline
The consultation launched on June 5 and runs for 10 weeks, closing on August 14. It seeks views from the public, legal professionals, academics, charities, and other stakeholders. 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. We're launching this consultation to make sure our new family law builds a fair system that offers the most vulnerable protection in the event of a breakup, and at a time when the country is facing cost-of-living pressures.”
