Plans include inheritance rights, financial remedies and stronger protections following relationship breakdown
More than 3.5 million unmarried couples could gain stronger legal and financial protections under a major package of family law reforms unveiled by the government. The proposals form part of a consultation aimed at modernising the law for cohabiting couples and making relationship breakdowns less financially damaging for vulnerable partners.
The Ministry of Justice said the reforms are intended to better reflect modern family life, with increasing numbers of people choosing to live together without marrying. The consultation will consider introducing new rights for cohabiting couples when relationships end, while maintaining a distinction between marriage, civil partnerships and cohabitation.
Deputy Prime Minister and Justice Secretary David Lammy said: “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.
“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.”
Among the most significant proposals is the introduction of automatic inheritance rights for unmarried partners when a partner dies without leaving a will. At present, cohabiting partners do not automatically inherit under intestacy rules, often leaving bereaved partners facing financial uncertainty and legal disputes.
The consultation will also examine whether cohabiting couples should have access to a new statutory framework governing financial arrangements when relationships end. The government said the proposed regime would provide clearer and more consistent protections for eligible cohabitants while remaining distinct from the financial remedies available on divorce.
Alongside changes affecting unmarried couples, the government is proposing stronger protections for survivors of domestic abuse. Courts could be required to place greater weight on the effects of controlling or coercive behaviour and economic abuse when determining financial outcomes following relationship breakdown.
The consultation also explores making pre-nuptial and post-nuptial agreements legally binding for the first time. While such agreements are currently considered by courts, they do not carry automatic legal force. The government said reform could provide greater certainty for couples seeking to regulate financial arrangements in advance.
Resolution, which has long campaigned for reform of cohabitation law, welcomed the proposals. Chair Melanie Bataillard-Samuel said: “For too long, unmarried partners have been placed at risk of significant financial hardship and uncertainty when their relationship comes to an end through separation or death. The current law has simply not kept pace with changes in society, and often enables perpetrators of domestic abuse to continue that abuse after a relationship has ended. Today’s announcement is a welcome and significant step towards ending the endemic unfairness for cohabiting couples that Resolution’s 6,500 members see day in, day out.”
The issue has attracted increasing attention as the number of cohabiting households continues to grow across England and Wales. Legal professionals have long argued that many couples mistakenly believe they acquire legal rights equivalent to those of married couples through long-term cohabitation, despite the absence of any such legal status.
The consultation, titled A Fairer End to Relationships, is open until August and will inform future legislation on cohabitation, inheritance and financial remedies.