Proposed plans for reforms to the current rules for cohabiting couples would offer new protection for children and change inheritance tax legislation. New plans are being drawn up to change the current legislations that is causing cohabiting couples money and leaving children without financial protection.
How could the new rights for unmarried couples affect families’ finances?
The government’s proposed reforms for cohabiting couples could make a real difference to family finances, especially where children are involved. If the plans go ahead broadly as outlined, long-term unmarried partners may gain automatic inheritance rights when a partner dies without a will, clearer claims on shared property and savings when a relationship ends, and stronger protection where there has been domestic or economic abuse. Only couples who have lived together for at least three years, or who share a child and are in an “enduring family relationship”, would qualify, and nothing is changing immediately, so parents still need to protect each other and their children through wills, cohabitation agreements and sensible planning right now.
Will these changes help protect children financially?
For many families the proposals should reduce the risk of a surviving parent and children losing their home or being left without a fair share of savings if the worst happens or a relationship breaks down. The detail is still being consulted on, but the direction of travel is towards more stability for children in cohabiting households.
Do unmarried parents still need a will?
Yes, absolutely. Even if automatic inheritance rights are introduced, a properly drafted will is still the simplest and most reliable way to make sure your children and partner are provided for in the way you intend and to avoid delays, disputes and extra costs for the family.
Will cohabiting couples have the same rights as married couples?
No, the government has said the plan is to create a distinct framework for cohabiting couples, not to treat them as if they were married. Some protections may become more similar, but marriage and civil partnership are still expected to carry stronger and clearer rights overall.
When could the new rules start to apply?
The consultation is open for ten weeks and is due to close on 14 August 2026, after which the government would need to draft and pass legislation. Realistically, any new rights are likely to be at least many months, and quite possibly several years, away from taking effect.
Key Points: New legal rights for unmarried couples: what UK parents need to know for 2026.
- Current law gives unmarried couples in the UK very limited automatic financial rights compared with marriage or civil partnership, even where there are children.
- The government is consulting on reforms that would give qualifying cohabiting partners automatic inheritance rights and clearer claims on shared property and assets.
- Couples would typically need to have lived together for three years, or share a child and be in an “enduring family relationship”, to benefit.
- The proposals could reduce the risk of bereaved or separated parents and their children facing sudden financial hardship.
- Nothing has changed yet, so parents still need to rely on wills, life insurance, cohabitation agreements and clear documentation to protect their families.
- There are concerns from some charities and commentators that wider rights for cohabitees could provoke more disputes or weaken the perceived importance of marriage.
- Whatever happens with the law, there are practical, low cost steps parents can take now to save money, cut legal stress and keep children secure.
What are the proposed changes for unmarried couples?
The reforms sit within a wider consultation on how relationships end fairly. One part looks at divorce, but a big focus for parents is the plan to strengthen protection for cohabiting couples who are not married or in a civil partnership. In simple terms, the government has accepted that millions of families live together in long-term relationships without marrying and that the current law leaves one partner, often the one who has stepped back from paid work to care for children exposed to serious financial risk.
The main proposals relevant to family finances are:
Automatic inheritance rights for bereaved partners
At the moment, when an unmarried partner dies without a will, the surviving partner has no automatic right to inherit. They may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975, but it is a stressful, slow and uncertain process that usually needs legal advice. Under the proposals, a bereaved qualifying partner would inherit automatically if their partner dies intestate, in a similar way to a spouse or civil partner where the estate value is within a set threshold.
For parents, this automatic safety net could mean the family home and key savings do not suddenly become the subject of a court battle with other relatives. It could also make it easier to keep children in the same school and community at a time when they are already dealing with grief.
Fairer treatment of property and other assets on separation
When married couples split, there is a clear framework for dividing finances that considers both partners’ contributions, including caring for children. With unmarried couples, the starting point is ownership on paper, and that can lead to some very unfair outcomes, especially where one parent has sacrificed earnings to look after children.
The government is consulting on rules that would allow qualifying unmarried partners to claim a share of the proceeds from selling a shared home, as well as other financial assets built up during the relationship. That could cover savings, pensions and other investments, though the detail of how far it goes will matter a lot in practice.
Greater protection for survivors of domestic and economic abuse
Parents who have left abusive relationships often find the financial side as frightening as the emotional side, particularly if the abusive partner controlled the money. The consultation suggests courts should place greater weight on domestic abuse, including coercive control and economic abuse, when deciding how to divide finances. That should make it harder for an abusive ex to use money and housing as a way to keep control and could help survivors rebuild a stable base for their children.
Legally binding pre and post-nuptial-style agreements
The proposals also include making prenuptial and postnuptial agreements legally binding. While these are typically associated with marriage, the consultation talks about agreements that set out how finances will be divided if a relationship ends. For parents, this can be appealing where one partner is moving into a home already owned by the other or where there are children from previous relationships, because it offers clarity and can avoid expensive disagreements later.
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Who would be eligible for the new rights?
The proposals do not cover every couple who happens to share a roof for a while. To qualify as a cohabiting couple under the suggested rules, you would usually need to meet at least one of the following tests:
- You have lived together as a couple for a minimum of three years; or
- You share a child together, and
- The court is satisfied that you are in an “enduring family relationship” rather than, for example, simply sharing a house with a friend or lodger.
For parents, that phrase “enduring family relationship” matters. It reflects the reality that some couples commit to raising children together without marrying, sometimes for cultural reasons or simply personal preference. However, it also means there may be arguments in court about when the relationship truly began, especially where someone stands to gain or lose a lot. Keeping some basic records, such as the date you moved in together, joint bills, and evidence of shared parenting, may prove useful if the law changes along these lines.
Why is the law being reviewed now?
The government has been clear that today’s family law has not kept up with the way many people now live. Official statistics suggest there are more than 3.5 million cohabiting couples in the UK, many of them raising children together. Yet a stubborn myth persists about “common law marriage”, with lots of parents assuming that after living together for a certain number of years they gain rights similar to a spouse. In reality, that protection largely does not exist at present, and the partner with less income or fewer assets can find themselves with very little if the relationship ends or one of them dies.
The consultation recognises the strain this can put on families, especially against a backdrop of higher living costs, fragile housing security and complex patchworks of childcare and work. The quote from Deputy Prime Minister David Lammy captures the aim: relationships do end, whether through separation or bereavement, and parents should not have their entire future thrown into chaos at the same moment as they are trying to keep life steady for their children.
At the same time, ministers have been careful to say they want to maintain a distinction between marriage and cohabitation. The idea is to build a fairer system that offers a basic level of protection, not to erase the legal differences between being married and not being married.
Concerns and criticisms parents should be aware of
Not everyone is enthusiastic about the direction of travel. Some charities and campaign groups have raised worries that giving cohabiting couples rights that look too similar to marriage could reduce the perceived value of getting married, or even discourage some couples from marrying at all. The Marriage Foundation, for example, has warned that such reforms could lead to more family breakdown if couples feel less need to make a long-term public commitment.
Other critics have highlighted the risk of new legal disputes. If financial rights depend on when cohabitation started or whether a relationship counts as “enduring”, then separated partners might fight that point in court, adding extra stress and legal fees. Some commentators argue that any new rights should be limited to a basic safety net designed to avoid severe hardship, rather than trying to copy the full range of protections available to spouses and civil partners.
For parents reading this, those debates are important, but the day-to-day question is more practical: how to keep a roof over your children’s heads and food in the fridge in a worst-case scenario. Whether or not one agrees with all the details, the consultation is at least acknowledging that the current system can leave the main carer in a very precarious position.
What happens next and when might changes take effect?
The government’s consultation is open for ten weeks and is expected to close on 14 August 2026. During that time, people can submit views, including members of the public, lawyers, family charities and financial professionals. After it closes, officials will analyse the responses and ministers will decide which reforms to take forward.
If they decide to proceed, the next stage is for detailed legislation to be drafted and introduced to Parliament. It will then be debated, amended and voted on. Even once a new law is passed, there is usually a delay before it comes into force, and some parts may be phased in over time. Realistically, parents should treat these proposals as useful to know about, but not as something they can rely on for immediate security. For the foreseeable future, the existing rules still apply.
Practical steps parents can take right now
While the consultation runs its course, cohabiting parents do not have to sit and wait. There are several concrete, often affordable, actions that can strengthen your family’s financial position, regardless of whether the law changes.
Make or update a will
For unmarried parents, writing a will is one of the simplest ways to create security. A will lets you:
- Choose who inherits your share of the home and other assets.
- Appoint guardians for minor children if both parents were to die.
- Reduce the risk of arguments between your partner and wider family.
- Potentially manage inheritance tax more efficiently in more complex situations.
Solicitors are ideal for complicated estates, but many parents with fairly straightforward finances can use a reputable online will writing service at a modest cost. Providers such as Farewill or MakeMyWill.net offer guided online options that are usually cheaper and faster than traditional appointments. Charities sometimes run free or discounted will months through schemes like Will Aid, which can be particularly helpful if money is tight.
Consider a cohabitation agreement
A cohabitation agreement is a written document that sets out how you and your partner will treat property, savings, debts and day-to-day bills. It can cover things like who owns what share of the home, how you will deal with big purchases, and what should happen if you split up. While the proposed reforms might in time give courts more power to share assets fairly, having an agreement can still save a lot of uncertainty and legal cost.
Drawing up such an agreement with the help of a solicitor does involve some expense, but it is often cheaper than untangling a messy separation later. For parents, it can provide the reassurance that both partners know where they stand and that any future split is less likely to throw the children’s lives into disarray.
Check life insurance and pension nominations
Another low-effort, high-impact step is to make sure any life insurance or work-based death-in-service benefits are correctly set up. Many policies allow you to nominate a beneficiary directly, which means money can be paid quickly to support children and the surviving partner. Pension schemes also typically allow beneficiaries to be nominated, and these forms should be reviewed whenever family circumstances change, for example, after the birth of another child or the end of a previous relationship.
Keep paperwork and communication clear
Parents often underestimate how important everyday paperwork can be. Keeping a shared file with key documents, mortgage or tenancy agreements, council tax bills, bank statements, insurance policies and details of childcare costs, can make a huge difference if one partner dies or becomes ill. It also makes it easier to show the reality of your family life if you ever need to prove cohabitation or financial dependence to a court or benefits office.
Talking openly about money is just as important. Many parents find it awkward, especially where one earns more or owns the property outright, but honest conversations about expectations and contingency plans tend to reduce conflict in the long run.
Alternatives and money saving options for time pressed parents
Legal support has a reputation for being expensive and time consuming, which puts many parents off tackling these issues. There are, however, alternatives that can save both time and money while still giving decent protection.
- Online wills: Using regulated online will services can be significantly cheaper than visiting a solicitor in person. They are designed to be completed in under an hour, often with clear help text and live chat support.
- Fixed fee legal packages: Some high street firms and online providers now offer fixed price cohabitation agreements or advice sessions, so parents know the cost up front and can budget accordingly.
- Free initial consultations: Many family solicitors offer a short free consultation. Even half an hour of tailored advice can help clarify priorities and stop you spending money in the wrong places.
- Charity backed schemes: Charities focused on areas like bereavement, domestic abuse or long term illness sometimes partner with law firms to offer free or discounted will writing and legal support for eligible families.
Using these kinds of services means parents do not have to carve out multiple half days for appointments or pay open ended hourly rates. The key is to choose providers with clear pricing, solid reviews and transparent terms, especially around executor fees and data security.
FAQ’s – Cohabiting parents protecting their family’s financial future
Do the proposed new rights mean unmarried couples can rely on “common law marriage”?
No. The consultation is a response to the fact that “common law marriage” is a myth, but it does not turn cohabiting couples into the legal equivalent of spouses. Even if the reforms go ahead, cohabiting partners will have a distinct, more limited framework of rights compared with marriage or civil partnership. The proposed changes are best seen as a basic safety net to reduce severe hardship, rather than a guarantee that everything will be shared as it might be on divorce. Unmarried parents should still make active arrangements through wills, cohabitation agreements and clear documentation, rather than assuming the law will treat them as married in future.
hat can unmarried parents do right now to protect the family home and savings?
There are several practical steps cohabiting parents can take straight away. Making or updating a will allows each partner to specify who should inherit their share of the home and other assets, and to appoint guardians for children. A written cohabitation agreement can record who owns what, how bills and debts are shared, and what should happen if the relationship ends. It is also wise to review life insurance and workplace death benefits so that the surviving partner and children are clearly named as beneficiaries. Finally, keeping organised records of key documents, such as mortgage or tenancy agreements, council tax bills and bank statements, makes it easier for the surviving partner to manage finances and, if necessary, prove cohabitation or financial dependence.
If we already have a will and a cohabitation agreement, will we need to change them if the law reforms go ahead?
Existing documents should still work, but it is sensible to review them if and when new legislation comes into force. Wills and cohabitation agreements are designed to sit alongside the law, not be replaced by it, and in many cases they will give you stronger and clearer protection than any default rules. If automatic inheritance rights or fairer sharing rules for cohabitees are introduced, you might want to check that your will still reflects your wishes and that your agreement does not accidentally conflict with the new framework. A short review with a solicitor or regulated online provider is usually enough to confirm whether anything needs updating.
How will the proposed changes affect parents who have children from previous relationships?
or blended families, the reforms could be particularly helpful in preventing the main carer from being left with very little if the relationship ends or a partner dies without a will. Automatic inheritance rights and clearer claims on shared assets may offer more stability for the household where the children live most of the time. At the same time, they increase the importance of careful planning, because there may be competing interests between a current partner and children from earlier relationships. Wills, life insurance nominations and tailored agreements can be used together to balance these interests, for example by securing a right to live in the family home for one partner while ensuring that certain assets ultimately pass to specific children.
Will I still need legal advice if I use online will services and fixed fee packages?
Many parents with straightforward finances can get a long way using reputable online will services, fixed fee cohabitation agreements and short initial consultations. These options are designed to be more affordable and less time consuming than traditional hourly billing, while still offering clear guidance. However, if your situation is more complex, for example if you own a business, have significant pensions, or need to plan for children from several relationships, tailored legal advice is likely to add real value. A common approach is to start with online tools to clarify your wishes and gather paperwork, then use a fixed price appointment with a solicitor to check that everything fits together and that you are not missing important protections.
Final thoughts for parents in cohabiting relationships
The proposed new legal rights for unmarried couples are a welcome sign that policymakers are finally paying attention to how modern families live. For many parents, they could offer a much-needed backup plan, making it less likely that a bereavement or separation will tip the household into financial crisis.
However, these are still just proposals, and the path from consultation paper to everyday reality in family courts is a long one. Parents who rely on the idea that “the law is changing soon” risk leaving their children exposed if life takes an unexpected turn in the meantime.
Taking relatively small steps now, writing a will, sorting life cover, agreeing on how you will deal with property and savings, and keeping paperwork in order can offer more security than any future reform. If and when the new rules do arrive, they can sit on top of that preparation as an extra layer of protection, rather than acting as the only safety net beneath your family.
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