Unmarried couples – major legal reforms proposed

The government has proposed significant changes to the financial rights of unmarried couples in England and Wales.

More than 3.5 million couples now live together without marrying or entering into a civil partnership, but the current legal protection available when a relationship ends – or when one partner dies – can be very different from that available to married couples.

What is being proposed?

The proposals would introduce a new framework for adults who are considered to be in a long-term, committed and interdependent relationship.

It is proposed that this would automatically include couples who have lived together for at least three years, as well as couples who live together and have a child.

Couples would potentially be able to opt out of the new regime where both parties agree, subject to appropriate safeguards.

What could happen when a couple separates?

Under the proposed framework, the starting position would be that each partner keeps the assets they legally own.

The courts could then take account of the parties' financial needs, with the intention of allowing each person to move towards financial independence as far as the available resources permit.

The welfare of any children would be the primary consideration where resources are limited.

The proposed system would also aim to achieve a clean financial break wherever possible, with ongoing maintenance generally limited to exceptional circumstances.

Changes to inheritance rights

There are also proposals to change what happens when an unmarried partner dies without a valid will.

Under the existing intestacy rules, a surviving unmarried partner does not have the automatic inheritance rights given to a spouse or civil partner.

The proposals would extend inheritance rights to certain qualifying cohabitants, although the precise qualifying period has yet to be decided.

Should unmarried couples take action now?

These reforms remain proposals and could take some time to become law – if they are introduced at all.

Unmarried couples should therefore continue to plan on the basis of the law as it stands today.

In particular, there is currently no such thing as a legally recognised “common-law marriage” in England and Wales simply because a couple has lived together for a particular period.

Keeping wills, property ownership arrangements and wider financial planning under review therefore remains important.

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Please note that the above is for general information only and does not constitute financial or tax advice. You should not rely on this information to make or refrain from making any decisions. You should always obtain independent professional advice in respect of your own situation.