Family Law Reforms 2026: What the New Cohabitation Laws Mean for Unmarried Couples in the UK

Big news for couples in the UK: the government has announced plans to amend cohabitation laws across the country. This proposed reform now means that couples who have lived together while unmarried for decades do not receive any rights, especially when it comes to what happens after the passing of a partner.

New legislation aims to protect these cohabitating couples, and though nothing has been passed yet, what has been proposed is set to make a huge impact.

As leaders in family law, at Brown Turner Ross, we make sure to stay up to date with any developments. Keep reading to find out more.

Understanding Key Terms: What Does Cohabitation Actually Mean?

There are many misconceptions about the meaning of cohabitation, with many people believing it simply means living together. The reality is that to be a cohabitant, you must live together in an intimate relationship without being married or in a civil partnership.

There is a common misconception that couples who have lived together for a number of years automatically become common-law partners, but this is a myth; cohabitants have very limited automatic legal protections.

However, recent proposals signal significant changes aimed at providing greater legal protection.

The Proposed Reforms: What’s Changing?

Some of the proposed reforms include:

Defining Cohabitants

One of the main aims of the proposed reforms is to clarify what constitutes a cohabitant, and a cohabitant partner. Going forward, to fall under the definition of cohabiting, you must have lived together intimately for at least 3 years or have a child in common.

This definition is significant because it establishes parameters that help people better understand their rights and whether they are considered cohabitants.

Automatic Inheritance Rights

A major issue for long-term unmarried couples is that they do not have inheritance rights unless explicitly stated in a will. If proposed reforms are enacted, qualifying couples would be granted automatic inheritance rights under the rules of intestacy, giving them the same rights as married couples and civil partners.

This potential reform is incredibly significant, as there are many instances in which people have not had the chance to draft an updated will before their death, leaving their long-term partners in a difficult position.

Legally Binding Nuptial Agreements

New Family Law reforms will alter the drafting and enforcement of pre- and post-nuptial agreements. The changes transform nuptial agreements from persuasive documents into automatically binding contracts and establish a default statutory framework for cohabiting couples that can be opted out of.

Currently, prenuptial and postnuptial agreements lack automatic statutory enforceability, but under new reforms, these agreements will be considered legally binding contracts enforceable by the courts.

Unmarried Couples Rights: What These Reforms Mean for You

With the proposed reforms come new rights across different subcategories that they would not have previously had; these include:

Property Rights

Under the proposals, couples who qualify would be able to make a claim when a relationship ends, which could include a share of the home if it is sold. This is a big change. At the moment, if the home is in your partner’s name only, you have no automatic right to any of it, even if you helped pay the bills or contributed to the household for years.

The new protections would apply automatically to couples who qualify. To be covered, you would need to have lived together for at least 3 years, or live together and have a child. Couples who would rather not be covered could choose to opt out by putting a formal agreement in place.

Financial Protection

The biggest proposed change is a new set of rights that would allow qualifying couples to make financial claims when a relationship ends. This could include ongoing financial support for a partner who depended on the other financially, in principle, similar to what divorcing couples can request now.

These rights would be more limited than the ones married couples have. The government has been clear that the aim is to provide a basic safety net, not to make living together legally the same as marriage.

The reforms would also change what happens when a partner dies. Couples who qualify would automatically inherit from each other if one of them dies without a will, something that offers no protection to cohabiting couples today. This is where inheritance tax planning becomes just as important as the will itself, since inheriting an estate can bring its own tax implications.

Planning Ahead

It is important to remember that these are only proposals. The consultation closes in August 2026, and any new law is unlikely to arrive before 2028. If your relationship ended tomorrow, today’s rules would apply, not the proposed ones.

Until the law changes, the best protection comes from steps you can take yourself.

Practical Steps: What Unmarried Couples Should Do Now

Unmarried couples in the UK should consider doing the following:

Assess Your Current Position

It’s important to take the time and assess the position of your current relationship ahead of the implementation of new laws for cohabiting couples in the UK. You should consider the seriousness of your relationship. Have you been together for over 3 years? Do you share children? Do you share a home? Do you have wills already in place?

Assessing where you currently are in your relationship and the legal protections you have in place is important. If you have nothing in place to protect both parties, it is in your best interest to contact a family law solicitor to put protection in place.

Document Your Relationship

With reforms expected to be put in place in 2028 at the earliest, now is the time to begin collecting evidence to prove that your relationship qualifies as cohabitation ahead of the reforms, which means documenting any financial contributions to the household and any shared responsibilities that would qualify you.

Review Legal Protections

Currently, couples can take legal steps to safeguard their relationship. This includes creating a will to ensure your partner’s support if the worst occurs, and documenting how a shared home is owned and in what proportions. Seeking advice now ensures you are protected, regardless of upcoming reforms.

Consider a Cohabitation Agreement

Couples should consider putting a cohabitation agreement in place, which is a written record of what happens to their property and finances if they separate. It’s important to ensure that both parties are protected, regardless of whether the proposed reforms are implemented.

How Brown Turner Ross Can Help

Through this guide, you should now have a clearer understanding of the proposed Family Law reforms that could be put in place. If after reading this guide, you realise that you currently don’t have any protection in place, such as a will or a written agreement to protect both you and your partner in case of separation or death, you’re in the right place.

At Brown Turner Ross, we specialise in family law and can ensure that you, your partner and your family receive the protection they deserve.

Contact our team today to find out how we can help you.