Today has brought a significant and long‑awaited development in family law. The Ministry of Justice has unveiled proposals to strengthen the legal rights of unmarried couples, acknowledging what family lawyers have been saying for many years: the law has not kept pace with modern relationships.

You can read the full article here:
MoJ unveils family law reforms to protect unmarried couples

Why this matters

Cohabiting couples are now the fastest-growing family type in the UK, yet the legal framework supporting them remains extremely limited. Unlike married couples, there is currently:

• No automatic right to share in your partner’s assets on separation
• No entitlement to financial support after a relationship ends
• No automatic inheritance if your partner dies without a will

This gap in protection can leave people- often unexpectedly – financially vulnerable at one of the most difficult times in their lives. As a result, many separating couples are forced into complex and costly legal arguments rooted in property and trust law, rather than being supported by a clear and fair family law framework.

What is being proposed?

The government’s consultation signals a shift towards greater protection for unmarried couples. Proposals include:

• Introducing financial remedies for qualifying cohabiting couples
• Providing greater protection in cases involving domestic abuse
• Allowing for automatic inheritance rights in certain circumstances
• Considering whether nuptial agreements should become legally binding

There is also an intention to define who qualifies – for example, couples who have lived together for a period of time or who share a child. While this is only the beginning of a consultation process, it represents one of the most significant potential changes to family law in a generation.

A personal perspective

This is an area I have been deeply committed to throughout my career. Back in 2006 with my then fellow trainee solicitors, we were tasked with reviewing the Law Commission’s proposals for cohabitation law reform and presenting to colleagues – this is probably what sparked my passion for family law. I have been a member of Resolution’s Cohabitation Committee since 2016, working alongside colleagues across the country to campaign for reform and to raise awareness of the risks faced by unmarried couples. Resolution has long highlighted that cohabiting couples are left with very limited legal protection on relationship breakdown or death.

In 2022, I also contributed to Resolution’s written evidence to the Women and Equalities Committee’s inquiry into the Rights of Cohabiting Partners. That inquiry recognised that, as we highlighted, the current law often leaves people – particularly women – at a disadvantage, with inferior protections compared to married couples, and forced to rely on a complicated patchwork of legal principles.

Through both my work with Resolution and my day‑to‑day practice, I consistently see the real-life impact of this gap in the law.

Who is most affected?

Although anyone can be affected, it is often women and children who feel the most significant impact when cohabiting relationships break down.

This is particularly the case where one partner has:

• Taken time out of work to care for children
• Contributed in non-financial ways to the household
• Relied on the stability of the home without being a legal owner

When relationships end, the law does not currently recognise those contributions in the same way it does within marriage. This can leave one party without housing security or financial stability moving forward.

The Women and Equalities Committee also recognised that women can suffer “relationship-generated disadvantage” due to the lack of legal protection on breakdown.

Why reform is needed now

For many years, family lawyers have been calling for change. The current system is widely recognised as:

• Outdated
• Complex
• Unpredictable
• Often unfair

Importantly, there remains a widespread misconception about “common law marriage”, with many couples believing they already have legal protection when they do not. This disconnect between expectation and reality is exactly what makes reform so important.

Looking ahead

These proposals are not yet law, and the consultation process will take time. However, the direction of travel is clear: there is growing recognition that the law must evolve to reflect how families actually live.

For professionals working in family law – and for those supporting clients through separation – this is a pivotal moment.

For individuals who are cohabiting, it is also an important reminder: the current law still applies.

Final thoughts

This is a hugely positive step forward. After years of campaigning – from Resolution, practitioners, academics, and those directly affected – we are finally seeing meaningful movement towards a fairer system.

But until reform becomes reality, awareness remains key.

If you are living with a partner and are unsure about your legal position, taking early advice can make a significant difference to protecting yourself and your future. Please do not hesitate to contact us to arrange a confidential appointment.

Emma Hopkins Jones

Family Partner, Team Leader and Solicitor