16 February 2026
This is something many people believe, but it simply isn’t true. In England and Wales, there is no legal concept of common law marriage. Living together, even for decades, does not automatically give you the same legal protection as marriage or a civil partnership.
With the Government confirming that a consultation on cohabitation law reform is expected to begin in Spring 2026, this issue is becoming increasingly important. If you are living with your partner without formalising your relationship, it is vital to understand where you currently stand.
Why the law around cohabitation is under scrutiny
More couples than ever are choosing to live together without marrying. Across the Uk, including our area in Dorset, including Bournemouth, Christchurch and Poole, many families are building their lives together based on the assumption that legal rights develop over time.
Unfortunately, this is not the case. At present, unmarried couples do not benefit from many of the protections available to married spouses or civil partners. This includes:
This gap between expectation and reality can leave individuals and families exposed, particularly where one partner has made financial or career sacrifices.
What happens if a cohabiting relationship ends?
If married couples divorce, the courts focus on fairness and financial needs. However, when unmarried couples separate, the legal framework is very different.
Disputes are typically dealt with under complex property and trust law, which can be highly technical and dependent on evidence. This approach does not always reflect the practical or emotional reality of the relationship. For example, the court may not take into account:
As a result, the financially weaker partner may face significant uncertainty and risk.
Potential reforms on the horizon
In late 2025, the Government indicated that it intends to review cohabitation law as part of a wider consultation on financial remedies. This could represent a more comprehensive approach than previous attempts at reform.
Although details have not yet been finalised, discussions are likely to focus on:
Importantly, any changes are expected to maintain a distinction between cohabitation and marriage.
Why this matters now
If you are living with your partner, purchasing property together, or raising children, your financial security may depend on forward planning. Legal reform, even if introduced, could take years to implement and may not apply to existing arrangements.
Understanding your position today can help you avoid future disputes and uncertainty.
Steps you can take to protect your future
Cohabitation agreements
A cohabitation agreement sets out how finances, property and responsibilities will be handled if the relationship ends. These documents can provide clarity and reassurance for both partners.
Declarations of trust
Where couples contribute different amounts towards a property, a declaration of trust records the agreed ownership shares and can prevent disputes later.
Wills and estate planning
Unmarried partners do not automatically inherit. Having a professionally drafted will is essential to protect your loved ones.
Early legal guidance
Taking advice at an early stage allows you to make informed decisions and avoid costly legal disputes in the future.
Looking ahead
Cohabitation law reform has been discussed for many years but growing public awareness and social change mean that 2026 could be a pivotal moment. Until any changes are introduced, knowledge and preparation remain the most effective safeguards.
Seeking advice is not about expecting a relationship to fail. It is about providing certainty, protecting your family and planning for the future with confidence.
If you would like tailored advice about cohabitation, family law or protecting your assets, our experienced team at is here to help. We regularly support clients across Dorset and the surrounding areas with practical, clear and compassionate legal guidance.
Contact our offices to speak with a member of our team on 01202 294411 or go online: Contact Us AB Solicitors For Your Legal Needs
