Leading family law experts have welcomed the Government’s consultation on strengthening legal protections for unmarried couples, describing the proposals as a long-overdue step towards reflecting modern family life and providing greater protection for vulnerable partners.
Commenting on the launch of the consultation, Rayner Grice, partner and head of the national family law team at firm Clarke Willmott LLP, said: “For too long, the law has failed to keep pace with the reality of modern relationships. Millions of couples choose to live together without marrying, yet many are surprised to discover they have very limited legal protection if their relationship breaks down or their partner dies without a Will.
“These proposals represent a sensible and much-needed modernisation of family law. They acknowledge the significant financial and emotional contributions that many cohabiting partners make throughout a relationship and seek to provide a fairer framework when those relationships come to an end.”
The consultation, which could affect more than 3.5 million cohabiting couples across England and Wales, explores introducing a new legal framework that would provide greater financial security for eligible unmarried partners following separation.
Caroline Young, a senior associate with Clarke Willmott, particularly welcomed the focus on protecting survivors of domestic abuse. She said:
“One of the most important aspects of the consultation is its recognition of the financial impact of domestic abuse. Economic abuse and coercive control can leave victims financially trapped and unable to rebuild their lives after a relationship ends. Any reform that gives courts greater ability to take these factors into account would be a significant step forward in protecting vulnerable individuals.”
The proposals would also consider granting bereaved cohabiting partners automatic inheritance rights where their partner dies intestate, helping to prevent unnecessary hardship during an already distressing time. Currently surviving partners have no automatic entitlement when their partner dies, regardless of whether they shared a home or children together.
The consultation also considers making pre-nuptial and post-nuptial agreements legally binding and introducing measures to help separating couples resolve financial disputes more quickly and cost-effectively.
Rayner continued: “Greater certainty around financial arrangements benefits everyone. Clearer rules can reduce conflict, encourage earlier settlement and help families move forward without the stress and expense of prolonged litigation.
“This is a rare opportunity to help shape the future of family law. Given the scale of modern cohabitation, these reforms have the potential to improve fairness, provide greater financial security and ensure the law better reflects how families live today.
“Importantly, the consultation does not seek to replicate marriage. Instead, it proposes a distinct framework that recognises cohabiting relationships while preserving the unique legal status of marriage. That strikes an appropriate balance.”
The Government consultation ‘A Fairer End to Relationships’ will run until 14 August 2026, with responses invited from the public, legal professionals, academics, charities and other stakeholders.
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