New consultation on stronger rights for cohabiting partners who separate

There have been various family law legislation proposals from the last government of Sir Keir Starmer, but we consider the latest consultation on the rights of cohabiting couples to be particularly important.

What are the government consulting about?

There are three main areas of reform that will affect all families when a relationship ends.

1. 1. Reforming the law of financial remedies on divorce and dissolution
  2. Reforming the law for cohabitants on separation
  3. Reforming the law for cohabitants on intestacy

At LGFL, we are particularly pleased to see efforts being made to level up the legal rights given to married couples and those who are cohabiting

The proposal does focus primarily on closing the gap between cohabiting couples and married couples in terms of one partner dying without making a will (intestate). At present, the law prescribes what a widowed spouse would inherit, but not a cohabiting partner. This can result in the relatives of the deceased sharing the estate rather than the partner.

To address this, the Ministry of Justice (MoJ) recently launched a 10-week consultation into changes including:

“Survivors of domestic abuse will get better financial protections when bravely leaving a relationship, regardless of whether they’re married.

Bereaved unmarried partners will have automatic rights to inheritance if a partner dies without a will, reducing stress at one of life’s most difficult times.

Overdue reforms to protect women and meet the needs of modern relationships as the government continues to prioritise tackling VAWG and working people.” (2)

How will the changes affect cohabiting couples?

These proposed changes affect the financial division of assets, currently a yawning gap between the automatic rights of married and civil partner couples and those of cohabitees, such that:

“If one partner dies, the other would be able to inherit their assets in certain circumstances.

In the event of a break-up, one partner could be entitled to a lump-sum payment from the other.” (1)

To qualify, a couple will need to show they have had a child together or have been living together for at least three years.

Escaping from domestic abuse as a cohabitee

If adopted, the proposals would make a fundamental difference to cohabitees living in an abusive and/or coercive relationship and needing to leave.

As Melanie Bataillard-Samuel, Chair of Resolution explained:

“For too long, unmarried partners have been placed at risk of significant financial hardship and uncertainty when their relationship comes to an end through separation or death. The current law … often enables perpetrators of domestic abuse to continue that abuse after a relationship has ended. (This proposal) is a welcome and significant step towards ending the endemic unfairness for cohabiting couples.“ (2)

If you are suffering in an abusive relationship, contact us in complete confidence to discuss your situation and how we can help you.

- Call us
- Email us

If you are in any danger, get yourself and your children out, stay out and call 999 for police assistance.

How to have your say in the consultation

If you wish to have your say, there is a dedicated website for the consultation here: (4)

The government particularly wants to hear the views of those “Who have an interest in the law regarding cohabiting couples and financial provision on divorce in England and Wales.” So if you have strong views, now is the opportunity to share them with the new government under Prime Minister Andy Burnham MP.

Why everyone needs a will

As the government consultation details describes:

“Cohabitants currently have no automatic right to inherit when a partner dies without a will, which can leave surviving or separating cohabitants facing serious financial hardship.” (3)

We always encourage our clients who have not written a will and Lasting Power of Attorneys (LPAs) to do so asap. A valid, clear and well-written will makes the whole process of dealing with your estate after your death so much easier at a time when your family will be grieving. Equally, the pair of LPAs (health and finances) make dealing with the everyday finances much easier for your family if you become incapacitated due to illness, an accident or declining cognitive capability.

AT LGFL, we do not write wills or draw up LPAs ourselves, but we can recommend partner firms who can do so for you. Like most things these days, you can do these yourself online, but working with a professional will writer or experienced solicitor will ensure you get the right legal advice and avoid mistakes and misunderstandings.

Pets allowed - finally

As a boutique family law firm, we see the heartbreak that could happen when couples split and the person moving out could not take the family pet to their rented accommodation. This has now changed. As of 1 May 2026, a landlord cannot refuse a request from a tenant to keep a pet “Without a fair reason”. (5) This should make it easier to move out of the family home and take the dog/cat/rabbit/gecko etc to live in your rented home, subject to suitability of the accommodation.

Expert legal advice for less stressful separations

At LGFL, our decades of experience gives us the knowledge and legal strategies to help you separate from any relationship cleanly, effectively and in safely. To discuss your current situation with one of our Directors in our highly discreet locations in Swallowfield or central Reading:

About the author

Rita Gupta is Co-founder and Managing Director of family law firm LGFL Ltd, serving family law for clients in the Reading and Thames Valley area, across the UK and for international clients involved in UK divorce cases. She has featured as a family law expert on national TV and radio, including BBC Radio 5 Live with Nicky Campbell, LBC, GB News with Darren McCaffrey and local TV and radio.

- Legal 500 Recommended Lawyer
- Listed in Chambers and Partners
- Listed Leading Lawyer at Wiselaw
- Member of Resolution