New rights for unmarried couples – what you need to know

What happens when an unmarried couple separates or one partner dies without a valid will in place?

On 5 June 2026, the UK Government announced that "Millions of unmarried couples are to get stronger rights"[1], and this is welcome news for the family justice system. Marriage is on the decline[2] and cohabitation is on the rise[3], yet the current law does not offer cohabiting couples the same protection as married couples. The Government's proposed reforms are therefore aimed at modernising the law and providing greater protection for unmarried couples on separation and on death.

What protections are currently in place for unmarried couples?

Currently, the law does not offer cohabiting couples the same protection that is offered to married couples, and individuals are therefore vulnerable to suffering financial complications upon the end of their relationship.

The current laws have been described by the consultation document published by the Ministry of Justice as "disproportionately affecting vulnerable groups such as women, children and victim-survivors of abuse (including both domestic and economic)"[4].

The difficulties faced by unmarried couples are not limited to separation. Under archaic intestacy laws (legal rules that determine how a deceased person's estate is dealt with without a will), cohabitants will not automatically be entitled to inherit their partner's estate if they die without a valid will in place.

Although owning joint property as joint tenants may entitle them to inherit the jointly owned property, this does not extend to money or other assets. Consequently, without access to money, they may no longer be able to afford the outgoings on the property and may be forced to sell. It is likely that this will leave surviving cohabitants facing financial difficulties similar to those they may suffer upon separation.

What are the proposed areas of reform for unmarried couples / cohabitants?

There are three main areas of reform that the current Government is proposing to tackle. One of these areas relates to reforming the financial remedies available on divorce or the dissolution of a civil partnership.

However, this article will focus on the other two proposed reforms:

1. Reform of the law for cohabitants on separation; and
2. Reform of the law for cohabitants on intestacy.

The consultation is therefore aimed at making much-needed changes to modernise the law and provide greater protection for unmarried couples, reflecting the changes in our society.

What reforms are proposed for unmarried couples / cohabitants on separation?

The Government is proposing a number of reforms aimed at increasing protection for unmarried couples when their relationship ends. The consultation document highlights that the current rules are not very clear and they would be intending to codify the legislation meaning that the legal rights are clearer.

The proposals will allow cohabitants, who are eligible (eligibility criteria to be confirmed), to apply for financial remedies on the end of a relationship which ultimately, in theory, should help protect those vulnerable groups that it currently does not offer protection to such as where there have been elements of financial dependence. There are current remedies available under old and somewhat complex trust law arguments which the proposed new legislation will hopefully make clearer.

Furthermore, they wish to allow, as is considered in cases of divorce, non-financial contributions such as childcare or homemaking to be considered by courts when determining financial settlements. In addition, as is the case in any divorce where children are involved, they are the paramount priority of the court, and this would likely be replicated in any legal framework introduced to address separation of unmarried couples.

They will, however, not be increasing the rights to the same extent as marriage, effectively maintaining that marriage will still offer greater remedies available on divorce in comparison. The proposal does, however, consider the possibility of allowing couples to opt out of the framework of protection, similar to a nuptial agreement for married couples / civil partners.

UK legislation has only recently begun to give significant weight to nuptial agreements, following Radmacher v Granatino [2010] in relation to married couples. This could therefore represent a further shift in approach, with legislation potentially allowing individuals to make informed decisions about how they wish the division of assets on separation to be determined, with reduced intervention from the courts.

What reforms are proposed for unmarried couples / cohabitants on intestacy?

Not only is the Government suggesting reforms on separation but also on the death of a partner who is a cohabitant. They are mainly considering introducing automatic inheritance rights to which reflect the powers under marriage. This does raise some concerns as certain requirements may need to be met such as a minimum period of cohabitation to qualify for automatic inheritance or automatic ability to administer the estate and whether there should be the opportunity of opt out. The proposal does not mention opting in and therefore it is assumed all unmarried couples / cohabitants would be opted in.

As is always advised by lawyers having a will in place is a the most sensible option to outline your wishes on death but the new proposal aims to make the legislation clearer and more understandable for surviving cohabitants. This may in turn reduce the number of claims on estates made by surviving cohabitants, which is ultimately costly and stressful for everyone involved.

What should unmarried couples do now?

The full consultation document can be found here - Fairer end to relationships consultation - it is rather lengthy. However, if you are passionate about this the Government's consultation is running for 10 weeks from the 5th June 2026 and you can review the document and submit a response to have your voice heard. The Government is mainly seeking responses in regard to:

• The qualification requirements for protection as a cohabitant including whether there should be a minimum period in place.
• Should there be an option for cohabitants to opt out of any new legislation.
• What financial remedies should be made available on separation of an unmarried couple.
• Should inheritance rules apply to unmarried couples / cohabitants in the same way they apply to married couples / civil partners.

However, until these new rules are in place, which may be some time, it is important that if you are unmarried but are in a relationship and or cohabiting you should be monitoring the ongoing situation but also considering the following:

• Do you have a current valid will in place?
• Understanding how any joint properties are owned and or whether you are happy with this ownership
• Considering the need for a cohabitation agreement
• Taking legal advice in regard to your current rights as a cohabitant / unmarried couple.

How can Thackray Williams help?

We at Thackray Williams are monitoring the situation and will be updating our clients on any proposed legislative changes which may impact them. If you have any questions or would like to know more about your rights at the end of a relationship, whether it be the end of a marriage or not, we are here to help. Please contact the Family Team at Thackray Williams.