A Landmark Step Towards Fairness for Unmarried Couples

The Government’s announcement of a new consultation on cohabitation rights marks a significant and long‑awaited step towards fairness for modern families.

Cohabiting couples are now the fastest growing family type in the UK, yet the law has failed to keep pace with this societal shift. Too often, unmarried partners face financial uncertainty and hardship when relationships break down or when a partner dies—highlighting a clear gap in legal protection.

This latest move follows years of dedicated campaigning by Resolution, the organisation representing over 6,500 family justice professionals committed to supporting families through separation.

Why this matters

For many couples, the misconception of “common law marriage” still persists—but in reality, unmarried partners have limited legal rights. This can leave individuals vulnerable, particularly in situations involving financial dependency, shared assets, or domestic abuse.

Melanie Bataillard‑Samuel, Chair of Resolution, described the announcement as a “landmark move towards fairness for families,” noting that the current system has exposed individuals to unnecessary risk for far too long.

A long-awaited reform

Resolution has consistently highlighted cohabitation reform as a key priority—particularly following the introduction of no‑fault divorce. Today’s consultation is a clear acknowledgment that reform is overdue.

Jo Edwards, Chair of Resolution’s Family Law Reform Committee, emphasised that this milestone reflects years of collaboration with government officials and parliamentarians, resulting in a proposed framework that offers real potential for change.

What the consultation will explore

Launched on 5 June 2026 and running for 10 weeks until 14 August, the consultation is expected to consider:

The Government has suggested that couples may need to have lived together for at least three years or share a child, with courts assessing whether the relationship qualifies as an “enduring family relationship.”

Looking ahead

For family law professionals, these reforms are not just overdue—they are essential.

While this consultation is only the beginning, it represents real progress. The next step will be careful consideration of responses, followed by the introduction of legislation when parliamentary time allows.

Final thoughts

This consultation signals a shift towards a more modern, inclusive legal framework—one that better reflects how people live today.

For unmarried couples across the UK, meaningful reform could soon provide greater certainty, protection, and fairness.