Living together, new rules: what the government’s cohabitation reform means for you

On 5 June 2026, the government announced plans to give cohabiting couples in England and Wales legal rights for the first time. If you live with a partner without being married, these proposals could affect you.

What is changing?

Right now, ‘common law marriage’ is a myth. If an unmarried couple separates, neither partner has an automatic right to claim a share of the other’s property, income or pension, regardless of how long they have been together or what they have contributed.

The proposed reforms would change this. If you have lived together for a minimum qualifying period, expected to be between two and five years, or less if you have children, you would gain the right to make financial claims on separation. This could include claims over property, maintenance and pensions.

In short, cohabiting couples would finally have a meaningful safety net.

Could this make marriage more attractive?

Here’s the irony. Many people see marriage as unnecessary, ‘just a piece of paper’. But under these reforms, simply living together long enough would bring legal obligations anyway.

Property claims, financial duties and pension sharing could all arise by default, not because you chose them, but because time passed and life happened.

Marriage, by contrast, is a deliberate choice. It’s a positive commitment entered into freely, with a clear understanding of its legal framework. If cohabitation now comes with obligations that attach almost automatically, the appeal of choosing to marry – of saying “we did this on purpose” – may actually grow.

Opting out

Couples who prefer to keep things separate would be able to enter into a cohabitation agreement to disapply the new regime. This would operate in a similar way to a pre-nup for people who aren’t getting married.

Both partners would need to agree and take proper legal advice.

What should you do?

The reforms still need to pass through parliament, but the direction of travel is clear. Whether you’re cohabiting, planning to move in with a partner or navigating a separation, it’s a sensible time to review your position.