Millions of unmarried couples could see their legal and financial position change under proposed reforms that would allow some cohabiting partners to seek financial support when relationships end.
The proposals, set out in the Ministry of Justice consultation A Fairer End to Relationships, would apply to qualifying couples in England and Wales who have lived together for at least three years or who share a child. The consultation closed in August 2026, and the government is now considering responses. If introduced, the changes could provide new legal protections for financially vulnerable partners following a separation.
As the proposals remain at consultation stage and are not yet law, any changes would take several years to come into effect if approved. These changes would apply only in England and Wales, while Scotland already has separate cohabitation rights under its own legal framework.
The consultation has also reignited discussion around the long-standing misconception of “common law marriage”, with many couples mistakenly believing they already have the same legal protections as married couples.
Financial advice platform Unbiased has explained what the reforms could mean in practice and why they should act as a wake-up call for couples to review their financial arrangements.
What could the reforms mean for couples?
While the proposals focus on cohabiting couples, they would not place unmarried couples on the same legal footing as married couples.
Under the proposals:
- Married couples would continue to have access to a broader legal framework following separation.
- Qualifying cohabiting partners could gain access to financial support where basic needs cannot otherwise be met.
- The reforms would recognise that many couples build shared financial lives without getting married.
- Courts would not automatically divide assets equally.
- Decisions would take account of factors such as housing needs, earning capacity and the circumstances of the relationship.
How could this affect the housing market?
Property is often a couple’s largest financial asset, meaning housing is likely to be one of the areas most influenced by any future reforms.
The proposals could encourage more couples to discuss ownership arrangements, financial contributions and legal protections before buying a home together, while increasing awareness of how jointly held assets may be treated if a relationship ends.
Tim Grimsditch, Managing Director at Unbiased, said:
“One of the biggest misconceptions couples have about a ‘common law marriage’ is that they assume because they’ve lived together for years, share a home or have children together, they’ll automatically have the same protections as married couples if the relationship ends, but that simply isn’t the case.”
“Whether these reforms become law or not, they should act as an important reminder for couples to understand how their finances are structured and what protections are currently in place. Good financial planning isn’t about expecting a relationship to fail, it’s about making informed decisions and ensuring both partners are protected as they plan for the future.”
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