On 5 June 2026, the Ministry of Justice announced a consultation (named ‘A fairer end to relationships: consultation document’) on reform of the law regarding the financial consequences of relationship breakdown in England and Wales. The reason for the reform is that the law is not in line with modern family relationships as ‘[o]ver 3.5 million couples live together without getting married or entering a civil partnership, a number that has more than doubled over the past three decades. Despite this, cohabiting couples and their children have very limited financial protections should a relationship end.’
Cohabitants on separation
There is currently no law dedicated to cohabitants’ financial claims on a relationship breakdown. Many of them are left financially insecure following a relationship breakdown, particularly those with children.
The reform proposes a statutory framework for eligible cohabitants on separation which would apply automatically but with an option to opt out where both parties agree, subject to safeguards such as execution as a deed, material financial disclosure and independent legal advice.
Eligibility would be limited to adults in long-term, committed and interdependent relationships who have lived together for at least three years, or who live together and share a child. A two-year time limit is proposed for financial claims after a cohabiting relationship ends.
Each party would begin from the position that they each keep what they legally own. The court would depart from legal ownership only where necessary to meet defined needs (e.g. housing, income, pensions etc.) and cohabitants would not receive a more favourable outcome than spouses in comparable circumstances. There would be no default 50:50 split and no sharing principle for cohabitants. Needs would be assessed more narrowly than on divorce and would exclude discretionary needs. The court will consider a checklist when assessing needs.
Cohabitants on intestacy
There is no automatic entitlement for cohabitants under the current law. A surviving cohabitant may seek financial provisions under the Inheritance (Provision for Family and Dependants) Act after the death of a cohabiting partner. However, this:-
- Is costly, time-consuming and uncertain (as it depends upon the court’s discretion); and
- The cohabitant must show that he/she and the deceased had lived together for at least two years immediately prior to death.
The reform proposes:-
- That qualifying cohabitants should be entitled to inherit under intestacy on a similar basis to spouses/civil partners and the minimum qualification duration is 5 years if no children and shorter if children are involved;
- That qualifying cohabitants would have standing and priority to apply for a Grant of Representation; and
- Removal of the said two-year minimum cohabitation requirement where the surviving cohabitant and deceased had a child together.
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Ronny Tang is an Associate in our expert Dispute Resolution team, specialising in defamation claims, contentious probate
and inheritance claims, Trusts of Land and Appointment of Trustees Act 1996 claims, Equality Act 2010 claims and Protection From Harassment 1997 claims.
If you have any questions concerning the above related subject, please contact Kate, Ronny or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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