Article by Harry Owen
On Friday 05 June 2026, the government launched its consultation on reforms potentially offering cohabiting couples – who have cohabitated for over 3 years or who have a child together – greater financial protections when relationships end. This includes the prospect of automatic inheritance rights when a partner dies intestate.
The government has announced proposals designed to modernise family law and to take account of modern family structures. The proposals, which the government has described as “the biggest reform to family law in decades” with the intention of “bringing the law into the 21st century”, would offer greater safeguards to victims of abusive domestic relationships and make both pre-nuptial and post-nuptial agreements legally binding.
Announcing the consultation, Justice Secretary David Lammy said:
“When a relationship comes to an end, each partner should have the support and certainty they need to rebuild their life. We’re launching this consultation to make sure our new family law builds a fair system that offers the most vulnerable protection in the event of a breakup, and at a time where the country is facing cost of living pressures.”
“Whether you’ve been left bereaved by the sudden and unexpected death of a partner, or escaped horrific domestic abuse, our laws should work to protect you. These reforms strike an important balance between tradition and modernity. I’m determined that our justice system should work for everyone who needs it.”
There has been support for the proposals with declining marriage rates and the fact that 51.3% of children are born to unmarried parents (with around 90% of children born to cohabiting couples) being cited as clear evidence that the system needs urgent reform.
A 2025 YouGov survey found that 55% of those surveyed approved of pre-nuptial and post nuptial agreements, with 60% approving of such agreements being automatically upheld on divorce. Further it has been suggested that such changes in law would give couples greater security and certainty when a marriage ends and at the same time significantly reducing the overwhelming number of cases going through the court system.
The Law Society of England and Wales has offered cautious support for the proposals, but has noted the need to ensure that any proposals being brought into law would require the provision of sufficient resources to make any meaningful difference., stating that:
“The Law Society of England and Wales welcomes and will respond to this long-awaited consultation. For too long, millions of people in cohabiting relationships have not had basic financial protections, which is a particular problem if one of them dies or if there is domestic abuse. Updating the law to reflect modern relationships is vital. However, rights are only meaningful if we can all actually access and enforce them. Without legal aid and adequate court resource, these new protections may only exist on paper.”
The consultation seeks further feedback on proposals to strengthen the protections for cohabiting couples, where one partner dies intestate. The reception from lawyers for these proposals has been cooler than the proposal set out above.
The issues surrounding intestacy rights (for example tax benefits and inheritance tax) have been cited as a complication that would need careful and detailed consideration, to avoid creating a whole new set of complications. Others have expressed concern that there may be large numbers of people who hear the news of these proposals and take the mistaken view that they are now protected automatically and need to take no action to protect their position. Many have stressed that with the wide range of differing and complex family arrangements that exist in modern society, it is all but impossible for there to be a satisfactory set of rules that adequately deals with every modern family.
As with any proposal for a change in the law, nothing can remove the need for careful and considered estate planning. It is simply unrealistic to expect that any set of rules can account for all the uniquely blended families and the specific provisions that any individual may want in place for their loved ones, upon their death. Indeed, automatic inheritance rights are ever likely to produce outcomes that are contrary to those provisions.
The complexities of defining cohabitation have also given cause for concern. There are questions to be answered before the government proposals could be enacted. How exactly is cohabitation defined? When does cohabitation begin? How are relationships that have been ‘on again off again’ over a number of years to be considered? How are couples with separate finances to be considered?
Ultimately, those practicing in the wills and probate field, while welcoming the discussion regarding legal reform for cohabiting couples, seem unavoidably, and quite correctly drawn to the conclusion that whatever may be enacted in the future, the safest and most appropriate approach to estate planning is a carefully considered and professionally drafted will.
