Cohabiting couples and separation: Could the law change?
For millions of couples, living together is family life. But if that relationship comes to an end, the law currently treats you very differently from a married couple.
That could be about to change.
In June 2026, the Government published a consultation called A Fairer End to Relationships, setting out proposals for significant changes to the law around relationships, including new protections for cohabiting couples when they separate.
The consultation closed on 14 August 2026 and the Government will now consider the responses before deciding what legislation, if any, should be introduced.
So what is being proposed, and what could it mean for couples who live together but aren't married?
The "common law marriage" myth
Let's start with something important.
There is no such thing as a "common law marriage" in England and Wales.
You don't automatically acquire the same legal rights as a married couple simply because you've lived together for a certain number of years, bought a house together or had children.
At the moment, separating cohabiting couples don't have the same overarching financial framework available to married couples going through divorce.
Instead, their financial position can depend on a mixture of property law, trusts, child-related provisions and other legal routes.
The Government's consultation recognises that this can leave people, particularly those who have taken on caring responsibilities or become financially dependent on their partner, vulnerable when a relationship ends.
There are currently more than 3.5 million couples living together without being married or in a civil partnership, more than twice the number three decades ago. The Government's view is that the law has not kept pace with the way families now live.
If you're facing separation and need to make decisions about children, finances or your home, family mediation may be able to help.
So what is the Government proposing for cohabiting couples separation?
The proposal is to create a new statutory framework for eligible cohabiting couples when they separate.
It would not simply make cohabitation the same as marriage.
The Government is very clear that the proposed framework would be narrower than the financial framework available to married couples, preserving the distinct legal status of marriage.
Instead, the idea is to provide a clearer set of rights and protections for people who have built a life together but have not married.
Who could be covered?
The proposed framework would apply to couples who are living together as a couple in an "enduring family relationship".
The Government is looking at factors such as:
whether the couple have a joint household
the stability of the relationship
their financial arrangements
responsibility for children
whether there is a sexual relationship
how the relationship is recognised publicly.
So it isn't simply about sharing an address.
The intention is to capture relationships involving genuine commitment, interdependence and a shared life, rather than flatmates or other people who happen to live together.
How long would you have to live together?
This is one of the most interesting parts of the proposal.
For couples without children, the Government is proposing a minimum period of three years living together before the new framework would apply.
But where the couple have a child together, or there is a child who is treated as a child of the family, the proposed three-year requirement would disappear.
The thinking behind this is straightforward: where children are involved, their financial needs and welfare should be prioritised rather than making them wait for their parents' relationship to reach a particular length.
It's important to stress that this is a proposal, not the law as it currently stands.
What would happen to the money and property?
This is where the proposed changes could make a real difference. Financial matters are often one of the most difficult parts of separation, particularly when there is a family home, savings, pensions or different levels of income involved.
The Government is proposing that "needs" would be the guiding principle when deciding financial outcomes.
That means this would not simply be a case of dividing everything 50/50.
In fact, the Government specifically proposes that the sharing principle used in divorce would not apply to cohabiting couples.
Instead, the focus would be on making sure people's reasonable financial needs can be met following separation, particularly the needs of children.
The court could potentially consider things such as:
earning capacity
financial resources
age
disability
the length of the relationship
housing needs
the needs of children
decisions made during the relationship which affected someone's financial position.
That last point is particularly interesting.
For example, imagine one partner reduced their working hours or gave up work altogether to look after the children.
The proposal would allow the court to consider that decision when assessing financial needs.
The Government refers to this as a compensation factor within the wider needs assessment.
Could one partner have to pay maintenance?
Potentially, but the proposal is deliberately restrictive.
Maintenance would remain available in principle, but only in exceptional circumstances, such as serious health issues or disability.
The Government proposes that, where maintenance is ordered, it should be for a defined and limited period.
Open-ended "joint lives" maintenance orders would not be available under the proposed framework.
The overall intention is that financial dependence between former cohabitants should come to an end as soon as it is just and reasonable to do so.
What about the family home?
The proposed framework would give the court access to a range of remedies.
These could include:
property adjustment orders
lump sum orders
pension sharing orders
maintenance in exceptional circumstances.
That doesn't mean a cohabiting couple would automatically receive the same financial outcome as a married couple.
The Government is proposing that the types of orders available could be similar, but the underlying approach would be different because cohabitation would remain needs-based rather than based on sharing.
What if the couple don't want these new rights?
This is another significant part of the proposal.
The Government is suggesting an opt-out system.
In other words, eligible couples would be covered by the new framework automatically, but could mutually agree to opt out.
There would, however, need to be safeguards to make sure both people understood what they were giving up and that an opt-out was freely agreed.
This is particularly important where there is a financial imbalance or domestic or economic abuse within a relationship.
And what about children?
Children are at the heart of the proposed reforms.
The Government's stated approach is that children's needs should come first.
The proposal recognises that when parents separate, financial instability can quickly become housing instability and that can have a direct impact on children's wellbeing.
That's why the proposed framework would not require a minimum period of cohabitation where there is a child of the family.
The aim is to make sure that the financial needs of the child, and the parent caring for them, can be properly considered.
If you're separating with children, you may also want to read about putting children's needs first during separation.
There's another proposed change: a time limit
Under the proposed framework, someone would have two years from the end of the relationship to bring a financial claim.
The Government says this is intended to provide enough time for someone to make a claim while also giving both people certainty and finality after separation.
Again, this is not currently the law. It is part of the proposed new framework.
Why does this matter?
For me, one of the most important aspects of this consultation is that it recognises something we see in everyday family life:
Not every family fits neatly into the traditional idea of marriage.
People build homes together. They raise children together. They make decisions about work and childcare together. They support one another financially.
And sometimes those decisions mean that, when the relationship ends, one person is in a much stronger financial position than the other.
The Government is asking whether the law should do more to recognise that reality.
At the same time, the proposals deliberately stop short of simply giving cohabiting couples the same financial rights as married couples.
So this isn't about saying that marriage and cohabitation are legally identical.
It is about asking whether the current law provides enough protection for people who have built a life together without getting married.
What happens next?
The consultation has now closed.
The Government will consider the responses before deciding how it wants to proceed. If legislation is developed, it will need to go through the usual parliamentary process before any new rights become law.
So, for now, nothing has changed for cohabiting couples.
The existing law still applies.
But the direction of travel is worth paying attention to.
For couples who live together, particularly those with children, it may also be a useful reminder not to assume that the law will automatically protect you if your relationship ends.
What can you do now?
You don't need to wait for the law to change to have a conversation about what would happen if your relationship came to an end.
You might want to talk about:
Who owns the family home?
What would happen to it if you separated?
How would the mortgage be dealt with?
What happens to savings and other assets?
What financial contribution does each person make?
What happens if one of you reduces your working hours to care for children?
And perhaps most importantly:
Have you actually talked about what you both expect to happen if things don't work out?
These aren't always easy conversations.
But having them while you're still able to talk openly can be much easier than trying to work everything out when you're already hurt, angry or frightened about what the future looks like.
The law may be changing.
But you don't have to wait for the law to change before you start having the conversation.
If you're wondering what mediation actually involves, you can read our guide to how family mediation works.
At New Moon Mediation, I help people have those difficult conversations in a way that focuses on finding practical, workable solutions rather than making an already difficult situation harder.
If you're separating, or simply want to understand your options, mediation could be a useful place to start.
Book a MIAM / Find out more about mediation
For further information, read the Government's consultation.
This article is intended to provide general information about the Government's proposed reforms. The proposals discussed are not currently law and should not be treated as legal advice. If you need advice about your individual circumstances, you should speak to a suitably qualified legal professional.
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