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Cohabitation Reform: UK Government Launches Consultation on Rules

  • Writer: Maplebrook Services
    Maplebrook Services
  • Jun 5
  • 2 min read

The UK Government has announced a consultation process to potentially reform legislation that would give cohabiting couples greater financial protections when relationships end and automatic inheritance rights when a partner dies without a will.



Modernising family law


The proposals would also strengthen safeguards for domestic abuse survivors and explore making pre- and post-nuptial agreements legally binding, with ministers arguing the changes would modernise family law and better reflect contemporary relationships. Couples will be considered cohabitants if they have lived together for at least three years or share a child.


Justice secretary David Lammy said: “When a relationship comes to an end, each partner should have the support and certainty they need to rebuild their life. We’re launching this consultation to make sure our new family law builds a fair system that offers the most vulnerable protection in the event of a breakup, and at a time where the country is facing cost of living pressures.


Whether you’ve been left bereaved by the sudden and unexpected death of a partner, or escaped horrific domestic abuse, our laws should work to protect you. These reforms strike an important balance between tradition and modernity.  I’m determined that our justice system should work for everyone who needs it.”


More protection for children


Increasing protection for cohabitating couples is long overdue. It should not be considered acceptable to say that parties wanting protection 'should simply get married'. More than half of children today are born out of wedlock and it is partly they who need protecting. The law needs to be updated to reflect changes in social behaviour and so this consultation is very welcome.


Making pre- and post-nuptial agreements legally binding would also be a positive step.


Modernising the law on this will bring more certainty and less stress to the process of splitting finances on separation.


Closing legal loopholes


These proposed changes have been a long time coming and will close a legal loophole that has left some unmarried people who split with their partner destitute, as they had no legal recourse to get a share of the relationship assets. The current laws are archaic and not fit for purpose in a modern society and change cannot come quickly enough.


Additionally, the protection of survivors of domestic abuse is hugely important and another area where the current laws are seriously lacking. Pre- and post-nuptial agreements are increasingly popular, but clients are often concerned that they may not be legally binding. The fact that this consultation is looking at this area will give reassurance to many people going through this process.



If you have any questions or need help with matters relating to the contents of this article, please do not hesitate to contact us for professional assistance and advice:



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