Family
What does the upcoming Cohabitation Reform in Spring 2026 mean for cohabiting couples?
Jayde Hampson, solicitor at Slater and Gordon, explores the latest legal news where the rights for cohabitating couples are being readdressed this Spring.
Cohabitation is becoming an increasingly common choice for couples, increasing year upon year. Despite this, the legal framework and protections in place for cohabiting unmarried couples are limited.
Currently, unmarried cohabiting couples do not share the same legal rights as those who are married and can be left in a difficult situation if the relationship ends. This includes no automatic rights to property, inheritance and other assets without a will; as well as difficulties around financial protection or support following separation.
In March 2008, the Labour Government announced it would not be taking any action to implement the Law Commission’s recommendations on cohabitation until research on the cost and effectiveness of a similar scheme in Scotland could be studied. In a separate report published in 2011, the Law Commission recommended some unmarried partners should have the right to inherit after each other’s death under the intestacy rules, without having to go to court. This has not been implemented. In April 2018, the May Government said it would be considering how to proceed in relation to the proposals but no further updates were provided.
In 2024, the Labour Party’s manifesto pledged to strengthen legal rights and protections for those in cohabiting relationships. This commitment has been strengthened by The House of Lords who commented that a formal consultation will be issued in Spring 2026 , which will look at what cohabitation reform should look like.
With the reform, it should address current issues to over consistent, fair family law across different relationship types. For now, cohabitating couples can take proactive measures to protect their interests such as outlining cohabitation agreements, drafting a will and defining property ownership.
It is hoped that the consultation will be a step in the right direction which allow our legal systems to adapt accordingly to our evolving society.