On the 5th June 2026, the government launched a consultation to reform the law on financial remedies in divorce and to provide protection for cohabitants and additional inheritance rights.
This has been a long time coming; the Law Commission recommended changes as long ago as 2007. For years, organisations like Resolution have been advocating for reform, and this consultation may mean that change is happening at last!
Contrary to popular belief, there is no such thing as a common law spouse for unmarried couples. If you are not married and separate, your claims are limited to child maintenance if you have children together and/or claims against any joint property or property you occupy together.
Property claims are not based on what you need but on what you can establish to be your interest in that property usually based on financial contributions to it. The fact that you may have lived together and been dependent on a partner for 20 years counts for nothing!
The consultation proposes a change in the law.
If the proposals become law, a cohabitant who has lived with their partner for 3 years or more (or who shares a child with them) could apply for the following:
- A financial order based on need following separation;
- A share of property;
- A claim against capital or other assets where fairness and needs justify it;
- Claims against pensions in certain circumstances;
- Maintenance payments;
- Recognition of non-financial contributions, e.g. childcare;
- Enhanced protection where domestic abuse has occurred.
In addition, under the consultation, the government will also be reviewing the validity of pre and post-nuptial agreements with a view to making them legally binding if certain conditions are met. What is not clear is whether it will be possible for cohabitors to exclude any new law in a cohabitation agreement.
These are welcome changes, so let’s see what happens after the consultation closes on the 14th August 2026.
If you’re unsure about what the current law is and want to know where you stand, don’t hesitate to contact the writer, Rashi Dawson at Clifton Ingram (t: 07732 680365, e: rashidawson@cliftoningram.co.uk).