Landmark announcement for cohabitating couples

For too long, family law has failed to provide the same protections for cohabitating couples as with married couples. According to the Office for National Statistics, it was estimated in 2024 that 3.5 million couples were unmarried - a family type which is rapidly growing. 

The Ministry of Justice has opened a consultation which is anticipated to seek views on proposed family law reforms for cohabitating couples. 

The consultation is welcomed by Resolution, a committee of practitioners who follow a Code of Practice to resolve family issues in a constructive way.

Melanie Bataillard-Samuel, Chair of Resolution, said: “For too long, unmarried partners have been placed at risk of significant financial hardship and uncertainty when their relationship comes to an end through separation or death. The current law has simply not kept pace with changes in society, and often enables perpetrators of domestic abuse to continue that abuse after a relationship has ended.

“Today’s announcement is a welcome and significant step towards ending the endemic unfairness for cohabiting couples that Resolution’s 6,500 members see day in, day out. We look forward to these reforms being implemented to create a system that is fit for modern society.”

Currently, cohabitating couples' rights and protections are more limited than those of spouses or civil partners when it comes to property, finances, or applying for financial provision when a cohabitee dies intestate (without having made a legally valid Will). 

In the forward to the consultation paper, Rt Hon David Lammy MP, said:

 “Too often, families are left navigating costly and complex property law that was never designed to meet their needs. These limited rights have real consequences. Victim survivors of domestic abuse, including economic abuse, may be trapped in unsafe relationships, while children can face instability despite having no say in their parents’ marital status. Bereaved unmarried partners can be left with no inheritance if a partner dies without a will, adding stress to one of life’s most difficult times…

We want to hear from everyone: legal professionals, academics, charities, interest groups and members of the public. Your views will help shape a system that is fairer, clearer and better equipped for the society we live in today."

At Stone King, we are interested to see what happens at the end of the consultation period and if we can expect any shift in the legal landscape for cohabitating couples. We will be watching these developments closely and will bring you more information as and when we know more.

The consultation will run from 5 June 2026 until 14 August 2026.