Over 3.5 million couples in England and Wales live together without getting married or entering a civil partnership, a number that has more than doubled in the past three decades. According to government statistics, this represents one of the fastest-growing family types in the UK.
Unlike nations such as Australia or regions in Canada and the U.S., British law does not recognize “common law” or “de facto” spouses. That may be set to change following the government’s recent “A Fairer End to Relationships” consultation which closed on 14 August 2026.
Unmarried partners currently enjoy minimal legal safeguards if their relationship dissolves or one partner passes away. When a cohabiting couple breaks up, parties have no claim to maintenance payments or pensions, save where there are children. The government’s consultation aims to tackle these gaps.
If the home is owned by one party, the other party might have a claim to a share in the house under the Trusts of Land and Appointment of Trustees Act 1996, but such claims are highly technical and turn very much on the facts of the case, and as a result can be costly and unpredictable.
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When children are part of the relationship, financial claims, such as child support or lump sums for their welfare, can be pursued under the Children Act 1989’s Schedule 1. Yet these focus solely on the children’s needs, not the ex-partner’s financial security.
Any financial provision usually ends when the youngest child reaches 18 and, in many cases, any property provided for the child’s benefit ultimately returns to the other parent. Without a will, a surviving cohabitant has no guaranteed inheritance rights under intestacy laws, unlike married spouses, potentially leaving them financially vulnerable.
This situation can leave bereaved partners facing financial uncertainty and potentially having to pursue a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which again is unpredictable and costly. Cohabiting couples can consider entering into cohabitation agreements to protect themselves, as this would likely amount to an express “opt-out” of the regime if it is introduced.
Where parties co-own a property in the UK, even if they do not currently reside here, reviewing or entering into declarations of trust to clarify ownership and avoid to potential litigation on relationship breakdown is advisable, as well as reviewing life insurance and pension policy nominations. It is also important to review estate planning arrangements, including UK wills and letters of wishes to ensure they reflect current relationships and family circumstances.
