Common Law Spouse” – a myth no more?

Over 3.5 million couples currently live together in England and Wales without getting married or entering a civil partnership, a number that has more than doubled over the past three decades. According to government statistics, this represents one of the fastest-growing family types in the UK.  

Unlike countries such as Australia and parts of Canada and the U.S., there remains no such thing as a “common law” or “de facto” spouse in the UK, although this may be set to change following the government’s recent “A Fairer End to Relationships” consultation which closed on 14 August 2026.  

The Current Position

Currently, cohabiting couples, no matter how long they have lived together (and their children), have very limited legal and financial protections should a relationship end or one of the parties dies whilst they are living in the UK.   

When a cohabiting couple breaks up, parties have no claim to maintenance payments or pensions, save where there are children. If there 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.  

Where the couple have children together, claims for child maintenance and lump sums for the benefit of the children (as well as housing provision) may be brought under Schedule 1 of the Children Act 1989. However, these claims are focused on the needs of the children rather than the former partner. 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.

If one of the couple dies without a will in place, the surviving cohabitant has no automatic right to inherit under the intestacy rules, unlike a husband or wife.  This 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. 

What Might Change?

• All couples who have cohabited for 3 years or more or who have a child together would be covered by the government’s proposed changes unless they expressly opt-out. 
• Couples falling under either of the above two categories would have the right, under the proposals, to bring a claim within 2 years of the relationship breakdown for limited maintenance for themselves to meet their “needs” and a share of any house, again if needed. 
• Those needs would be assessed more narrowly than on divorce, excluding discretionary or “lifestyle” claims and ensure cohabitants do not receive a more favourable outcome than spouses in comparable circumstances.
• On death, cohabitants could potentially receive the same automatic inheritance rights under the intestacy rules as spouses where a partner dies without a will. Unlike on breakdown of the relationship, to qualify for those inheritance rights, the surviving cohabitant would require 5 years’ cohabitation where there are no children or 2 years’ cohabitation where the survivor is the parent of a child with the deceased.
• While this could improve protection for surviving partners, children from previous relationships may still be able to bring claims against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 which may then compete with the surviving cohabitant’s rights.

How Can Clients Best Protect Themselves?

Whilst no deadline has yet been set for when the government will respond with the results of the consultation, any cohabiting couples currently living in the UK who are concerned about potential changes or looking to move to the UK could consider entering into cohabitation agreements now as it is expected that this would 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.