'Common law marriage' myth could finally change for unmarried couples

Unmarried couples currently have limited financial protection if they split up or one partner dies – regardless of how long they have lived together.

There is no automatic right to maintenance, a share of a partner's pension or an inheritance under intestacy rules, meaning those who believe they are in a so-called 'common law marriage' could be left facing a costly legal battle.

But the Government is considering a major shake-up which could give some cohabiting couples new rights to financial support, property and inheritance.

Its consultation, A Fairer End to Relationships, closed on August 14, 2026, and proposed changes for couples who have lived together for at least three years or have a child together, unless they choose to opt out.

Sarah Ingram, Partner and Head of Family Law at Winckworth Sherwood, said the proposals could mark a significant change for millions of people who currently have little protection when a relationship ends.

The legal rights 'common law' or 'de facto' spouses have now

More than 3.5 million couples currently live together in England and Wales without marrying or entering a civil partnership. The number has more than doubled over the past three decades, according to Government statistics.

Unlike in countries such as Australia and parts of Canada and the US, there is currently no legal status of 'common law' or 'de facto' spouse in the UK.

Beth Kivelä, family law expert at Rayden Solicitors , says: “There is no dedicated statutory framework to guide cohabiting couples on how their financial matters should be resolved upon separation. The types of claims that cohabiting couples can make when they separate are limited because the current law was not designed with their situation in mind."

This means cohabiting couples can find themselves in a very different position from married couples when their relationship breaks down or one partner dies.

If an unmarried couple separates, neither partner can normally claim maintenance from the other or a share of their pension, although there are separate provisions where children are involved.

Where a couple have children together, claims for child maintenance, lump sums and housing provision can be made under Schedule 1 of the Children Act 1989.

But these provisions are designed to meet the needs of the children rather than provide financial support for the former partner.

Any financial provision will usually end when the youngest child reaches 18. In many cases, property provided for the child's benefit may ultimately return to the other parent.

The position can be particularly difficult if one partner dies without leaving a will.

Under intestacy rules, a surviving cohabitant has no automatic right to inherit, unlike a husband, wife or civil partner.

A bereaved partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this can be an uncertain and expensive process.

What is the HMRC Marriage Allowance?

There is another important financial difference between being married and simply living together: unmarried couples cannot claim Marriage Allowance.

The tax break allows someone who is married or in a civil partnership to transfer £1,260 of their Personal Allowance to their partner, potentially cutting their tax bill by up to £252 in a tax year.

To qualify, the lower-earning partner must usually have an income below the Personal Allowance, currently £12,570, and the other partner must pay Income Tax at the basic rate.

This generally means the higher earner has an income between £12,571 and £50,270 before the transfer, although different thresholds apply in Scotland.

The transfer reduces the lower earner's tax-free allowance to £11,310, while increasing the other partner's allowance by £1,260.

It can mean the lower earner pays a little more tax themselves, but the couple should still pay less tax overall.

For example, if one partner earns £11,500 and the other earns £20,000, claiming Marriage Allowance would mean the first partner pays tax on £190 of income, while the second pays tax on £6,170 rather than £7,430.

The couple would save £214 in Income Tax between them.

However, couples who live together without being married or in a civil partnership cannot claim the allowance, regardless of how long they have been together or whether they have children.

What could change for unmarried couples?

The Government's proposals could give certain cohabiting couples some new rights if their relationship ends.

Under the plans, the rules would cover couples who have lived together for at least three years or have a child together, unless they expressly opt out.

Those who qualify could be able to make a claim within two years of separating for limited financial support to meet their needs, as well as a share of property where necessary.

What about partners who die without leaving a will?

There could also be a significant change for people whose unmarried partner dies without a will.

Under the proposals, surviving cohabitants could receive the same automatic inheritance rights as spouses under intestacy rules, provided they meet the qualifying conditions.

These would depend on the length of the relationship and whether the couple had children together.

A surviving partner would need to have lived with the deceased for at least five years if they had no children, or two years if they were the parent of a child with the deceased.

However, the changes could create complications where the deceased had children from a previous relationship.

Those children could still bring claims against the estate under the Inheritance (Provision for Family and Dependants) Act 1975, potentially competing with the surviving cohabitant's rights.

Today's Poll: Should the Marriage Tax Allowance be extended, so long term cohabiting couples can get it too? Or kept as now just for marrieds & Civil Partners. PS if you've got a Civil Partnership, pls votes as 'married' below What is the marriage tax allowance? It was introduced to encourage marriage via the tax system. It's a tax break that allows a non-taxpayer to give 10% of their annual tax free allowance to their spouse (as long as the spouse is a basic 20% rate taxpayer). It's usually worth around £250/yr, full info... https://t.co/v6qwmjizAz

— Martin Lewis (@MartinSLewis) June 16, 2025

How unmarried couples can protect themselves now

The Government has yet to announce when it will respond to the consultation, meaning the proposed reforms are not yet in force.

But couples do not need to wait for the law to change before taking steps to protect their financial interests.

One option is to draw up a cohabitation agreement setting out how finances, property and other arrangements would be dealt with if the relationship ended.

Ms Ingram said couples may also want to consider whether such an agreement could amount to an express opt-out of the proposed regime if it is introduced.

For those who jointly own property, a declaration of trust can help clarify each person's share and reduce the risk of disputes if they separate.

Couples should also review life insurance and pension nominations to check that the right person would receive any benefits.

Estate planning is another important consideration. Reviewing UK wills and letters of wishes can help ensure arrangements reflect current relationships and family circumstances.

With the Government still considering how to change the law, unmarried couples should not assume they have the same rights as married partners – even if they have lived together for decades.