Earlier this month, the Ministry of Justice launched “A Fairer End to Relationships”, a consultation which could represent the most significant reform in decades to the legal rights of the 3.5 million couples in England and Wales who live together without marrying or forming a civil partnership. The consultation calls for representations on the current laws for the separation, and on the death of, cohabitees.

The Labour Party made cohabitation reform a commitment in its 2024 manifesto and subsequently launched this consultation. However, the timing could hardly be more precarious. Sir Keir Starmer has announced this week that he will resign as Prime Minister, triggering a Labour leadership contest, with Parliament not due to return until September.

With the consultation closing on 14 August 2026 and a new Prime Minister yet to take office, there is a very real risk that this long-awaited reform will once again be pushed in to the long grass.

This is not the first time reform has been discussed. The Law Commission made detailed proposals in 2007, and more recently, in 2021/22, the Women and Equalities Committee provided recommendations on the rights of cohabitees, which the then Conservative government declined to act on.

The vulnerabilities of cohabiting couples on death is something we regularly advise on, and which we find is often misunderstood amongst clients. We have warned of the risks, where proper advice is not sought, in previous updates:

Whatever a new Prime Minister ultimately decides to prioritise, the current law of intestacy leaves cohabiting couples exposed. In the absence of reform, a carefully drafted Will remains the greatest protection for a surviving cohabitee.

If you would like to discuss your or your client’s circumstances, please contact Matthew Barnett, Jessica Brittain or any member of our Private Client team.

FAQs

Does the UK have common law marriage?

There is no such thing as “common law marriage” in England and Wales. No matter how long a couple has lived together, cohabiting partners do not acquire the same legal rights as married couples or civil partners simply by virtue of living together. This is a widespread and persistent misconception and one with serious consequences. Many couples assume the law will protect them automatically, when, in fact, it does not.

What happens if I am unmarried and my long-term partner dies?

If an unmarried partner dies without a valid Will, their estate will pass under the rules of intestacy, and the surviving cohabitant would have no automatic right to inherit. Instead, the deceased’s estate would pass to their blood relatives, such as their children, parents, or siblings, regardless of how long the couple had lived together. This can leave a surviving partner in an extremely vulnerable position, potentially losing access to the family home or shared assets at what is already an incredibly difficult time. It is a stark reminder that without a Will, English law does not provide the protection most cohabiting couples assume they have.

What can an unmarried cohabitee do if their partner dies without a Will?

In the absence of a valid Will, the intestacy rules mean that the deceased’s blood relatives would inherit. The options available to a surviving cohabitant, in these circumstances, are limited. They may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, provided they lived with the deceased as if they were a spouse or civil partner for at least two years immediately prior to the death. In cases of an unmarried couple with children together, this would mean the surviving cohabitant bringing a claim under the 1975 Act against their own children.

As you may expect, 1975 Act claims can be costly and time-consuming, even if they are settled before formal court proceedings. The best protection is to have a properly drafted Will in place. We strongly encourage all cohabiting couples to seek specialist advice on their Wills, and other estate planning matters, and that is where we can assist.

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