New legal rights for unmarried couples – Proposed law changes explained

Millions of unmarried couples in the UK could soon benefit from stronger financial rights under newly proposed government reforms. The planned changes aim to provide greater financial security for cohabiting couples if their relationship ends or if a partner passes away. Under the current system, unmarried couples have limited financial protections compared to those who are married or in a civil partnership. In this article, we reveal the changes that are being proposed, who is likely to be eligible and when the changes are likely to take effect.

What are the proposed changes?

A new government consultation has been launched to explore updating family law to better reflect modern relationships. The proposals aim to support the estimated 3.5 million cohabiting couples across the country.

The key proposed reforms include:

• Automatic inheritance rights - Bereaved unmarried partners would gain the automatic right to inherit their partner’s estate if they die without leaving a will. Under current rules for married couples, if an estate is valued at £322,000 or less, the entire estate automatically goes to the surviving spouse. For estates valued at more than £322,000, the assets are automatically divided between the surviving partner and any children.
• Property and assets - Unmarried individuals could gain the right to claim a portion of the proceeds from a house sale when a relationship breaks down. They could also gain the right to a portion of other financial assets.
• Greater protections for abuse survivors - The courts could be asked to place greater weight on the impact of domestic abuse when assessing how to divide finances. This includes considering controlling, coercive, or economic abuse.
• Legally binding agreements - Pre-nuptial and post-nuptial agreements could become legally binding. This change would give couples more certainty that their financial wishes will be honoured if they choose to separate.

Who will be eligible?

To qualify for these new rights, cohabiting couples must meet certain criteria. The proposals state that couples must have lived together for a minimum of three years. Alternatively, couples who share a child would also be eligible. In all cases, the courts must be satisfied that the individuals are in an "enduring family relationship".

Why are the changes being proposed?

The government has stated that the current system is outdated and can leave unmarried couples vulnerable to financial hardship. The reforms are designed to make the financial aspects of separation less onerous and to protect those who may be financially dependent on their partner.

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 where the country is facing cost of living pressures. Whether you've been left bereaved by the sudden and unexpected death of a partner, or escaped horrific domestic abuse, our laws should work to protect you. These reforms strike an important balance between tradition and modernity. I'm determined that our justice system should work for everyone who needs it.”

However, some charities have expressed concerns about the potential changes. The Marriage Foundation warned that introducing similar rights for cohabiting couples could discourage commitment and lead to an increase in family breakdown. Furthermore, critics highlight that equalising rights could create new legal disputes regarding when a cohabiting period actually began. They argue that new rules should only provide a basic safety net to stop people from facing severe financial hardship, rather than giving unmarried couples the full legal rights afforded to married couples.

What happens next?

The government consultation will run for 10 weeks and is due to close on 14th August 2026. Views are being sought from a wide range of stakeholders, including the general public, legal professionals, family law specialists, and relationship charities. This period allows anyone affected by the potential changes to submit evidence and share their experiences of the current legal landscape.

Once the consultation window closes, the government will carefully review and consider the findings before deciding whether to draft new legislation. Because changing family law is a complex legal process, any final policies or acts of parliament could take many months, or even years, to be fully implemented.

In the meantime, unmarried couples who want to protect their financial interests do not need to wait for a change in the law. Taking proactive steps can provide immediate peace of mind. For example, drawing up a cohabitation agreement with a solicitor can clarify how property and assets should be split if a relationship ends. Additionally, writing a comprehensive will ensures that assets are passed on to a partner in the event of death, bypassing the current restrictions faced by unmarried cohabitants.