The Truth About Cohabitation, Common Law Marriage and Why 2026 Could Be a Turning Point

As a family lawyer, one of the most uncomfortable conversations I regularly have with clients goes something like this:

“We’ve lived together for years. We’re basically common law husband and wife… right?”

I’m always saddened to have to give the same answer.

There is no such thing as common law marriage in England and Wales.

And unless the law changes, many couples—often with children—are far more financially vulnerable than they realise.

But change may finally be coming.

With the Government confirming a formal consultation on cohabitation law reform due to start in Spring 2026, this long‑overdue issue is firmly back in the spotlight. If you live with your partner but are not married or in a civil partnership, now is the time to pay attention.

Why is cohabitation such a hot topic right now?

Cohabitation is the fastest‑growing family type in England and Wales. Millions of couples choose to live together without marrying—often believing they gain legal rights over time.

They don’t.

Despite decades of campaigning by family law professionals, the legal position has remained stark:

Even more troubling is that almost half the public still believes in the “common law marriage” myth, leaving people exposed without realising until it is too late.

What happens if a cohabiting couple separates?

When an unmarried couple separates, the court does not look at what is “fair”.

Instead, disputes are usually decided using complex property and trust law, often under the Trusts of Land and Appointment of Trustees Act 1996. These cases can be:

Crucially, the court does not recognise:

This often leaves the financially weaker partner—still often women—at significant risk.

What is the Government proposing?

In November 2025, the Government confirmed in Parliament that it intends to consult on comprehensive reform, addressing both cohabitation rights and Financial remedies on divorce.

This signals a more ambitious and joined‑up approach to reform than we’ve seen before.

While no final proposals have been published yet, areas likely to be explored include:

Importantly, ministers have stressed that any reform must balance fairness without treating cohabitation as identical to marriage.

Why this matters to you

If you are:

…then your legal position depends almost entirely on planning, not assumption.

Reform may still be years away—and it may not protect existing relationships retrospectively. That means waiting for the law to change could be a serious mistake.

What can you do now?

Until reform arrives, there are practical steps that can dramatically reduce risk:

Final thoughts

Cohabitation law reform has been promised before—and quietly shelved, but momentum is now stronger than it has been in decades, driven by social reality and political pressure.

Whether reform comes in 2026 or later, knowledge remains your best protection.

If you are living with a partner and have never taken legal advice, now is the right time to do so—not because your relationship is ending, but because you want to protect it.

If you would like tailored advice about cohabitation, protecting your assets, or planning for the future, feel free to contact me, a specialist family lawyer, who can help you put the right safeguards in place.