For decades, one of the most persistent and dangerous myths in English family law has been the concept of the ‘common law marriage’.

At KWW Solicitors, we routinely speak with cohabiting couples across Surrey who are shocked to discover that, despite living together for 10, 20, or even 30 years and raising a family, they have virtually no automatic legal rights if their relationship breaks down.

Under current legislation, an unmarried partner can be left with absolutely nothing no matter how long they have shared a life, a home, and a bank account. Thankfully, the legal landscape may finally be catching up with the realities of modern families. The Government has officially launched a major consultation aimed at reforming cohabitation rights.

Titled A Fairer End to Relationships, the consultation signals the biggest potential shake-up to family law in a generation, focusing heavily on protecting unmarried couples upon separation or the death of a partner.

Closing the legal gap for modern families

The Government has openly acknowledged that our current laws have failed to keep pace with society. Today, cohabiting families represent the fastest-growing family type in the UK. Yet, when these relationships end, the weaker financial party (often mothers who have taken time out of the workplace to care for children) frequently faces severe financial hardship.

The new proposals aim to bridge this gap by looking closely at three core areas of reform: financial remedies on divorce; protecting cohabitants on separation; and financial provision when a partner dies without a Will (intestacy).

Family law solicitor Georgia White (pictured with paralegal Elisabetta Ciesco) welcomes the breadth of the Government’s approach. She said: “It is very encouraging to see the Government examining so many different areas of family law, including different types of relationships, domestic abuse, financial situations, and dealing with one half of a couple’s estate upon death. There is certainly scope for some positive changes to be made to our existing legislation, particularly around the separation of unmarried couples – especially those that have lived together for long periods of time.”

What’s being proposed

The core framework of the consultation outlines exactly who would qualify for these new legal protections and how disputes would be resolved. Here are the key headlines:

• The three-year rule: To prevent ‘casual’ relationships from falling under the new rules, the Government proposes that protections will automatically apply to couples in “committed, romantic relationships” who have lived together for at least three years.
• The shared child exception: If a cohabiting couple shares a child, the three-year qualifying period would be removed entirely, ensuring immediate legal protections are triggered to safeguard the family unit.
• A ‘children first’ approach: If a couple separates, the court would use a two-stage approach to determine financial outcomes. First, the needs of any children will be prioritised. Second, the court will evaluate the financial needs of the individuals involved.
• A predictable, needs-led framework: The framework is intended to be simple and predictable, but it will not grant unmarried couples identical rights to married couples. The outcomes will be needs-based and distinctly less generous than a divorce settlement, ensuring a strong emphasis on achieving a clean break.
• Strict time limits: If a relationship ends, individuals will have a two-year time limit to bring financial claims against their former partner.
• The right to opt out: Crucially, the protections would apply automatically to qualifying couples, but individuals who prefer to keep their finances entirely separate would be able to mutually opt out, subject to robust statutory safeguards.

Inheritance and intestacy: What happens upon death?

The consultation also addresses what happens when a cohabiting partner dies without leaving a Will. Currently, a surviving unmarried partner does not automatically inherit anything under the rules of intestacy.

The Government is considering aligned rules to allow qualifying cohabitants to inherit in the same way a spouse or civil partner would. While the Law Commission previously suggested a five-year cohabitation period before these rights apply upon death, the Government is actively seeking feedback on this timeframe.

Furthermore, the proposals suggest placing qualifying cohabitees on an equal footing regarding applications for a Grant of Administration and extending claims under the Inheritance Act 1975 where couples share children.

Look to the future but protect yourself today

This consultation represents a monumental step forward for family justice, and the consultation window remains open for responses until mid-August. However, because statutory change takes time, Surrey couples cannot afford to wait for new laws to be passed.

Until these proposals become legally binding, the best way to safeguard your future and your family is through a professionally drafted Cohabitation Agreement or a robust Will.

If you are currently living with your partner and want to ensure you both understand your legal position, or if you need guidance on separation, please get in touch with Georgia White and she will give you the clear communication and specialist guidance you need to make informed choices.

Important: This article provides general information and does not constitute legal advice. You should always seek professional legal advice tailored to your specific circumstances.