UK Consults on New Rights for 3.6 Million Cohabiting Couples in England and Wales
Updated
Updated · bbc.co.uk · Jul 4
UK Consults on New Rights for 3.6 Million Cohabiting Couples in England and Wales
3 articles · Updated · bbc.co.uk · Jul 4
Summary
A 10-week Ministry of Justice consultation would give unmarried partners in England and Wales new inheritance and separation rights, marking a major shift for couples now left with few legal protections.
Under the proposals, a surviving partner could inherit if the couple lived together for five years, or two years with a child; on separation, qualifying partners could seek a lump sum, property transfer or pension share.
The plans stop short of marriage-equivalent treatment: courts would have to decide whether a relationship was "marriage-equivalent," and surviving partners would still face 40% inheritance tax above £325,000.
Cases like Amelia's — she spent nearly £10,000 after her fiance died intestate — are being cited by campaigners who say reform would help bereaved partners and people trapped in abusive relationships.
Critics say marriage and civil partnerships already provide legal certainty and object to an opt-out system, while supporters point to countries such as Australia and Sweden that already recognize cohabiting couples.
Will new laws for unmarried couples protect the vulnerable or undermine the choice to remain legally separate?
How will courts define a 'marriage-like' relationship without creating more legal battles for grieving families?
Could new inheritance rights for partners unintentionally disinherit children from a previous relationship?
Cohabitation Law Overhaul 2026: How England and Wales Plan to Protect Millions of Unmarried Couples
Overview
The UK government has launched a major consultation, 'A Fairer End to Relationships,' to address long-standing legal gaps for cohabiting couples in England and Wales. For many years, legal protection for these couples has been insufficient, causing hardship and leaving vulnerable individuals without support when relationships end. The current laws fail to provide a clear and fair framework for dividing finances after a breakup. This consultation aims to create stronger rights and a more equitable system, marking a significant step toward modernizing family law and better protecting those who choose not to marry.