New laws of unmarried couples upon splitting up 2026

There are several  myths that can be faced in connection how the finance and property are divided between unmarried couple in case of splitting up. Even if for some may be obvious that mutual assets, savings built up during cohabiting of two people does not means that they will be equally divided in case of separation, for others it is a real story and they believe in the opposite. Regardless the time that the couple is together or if they have a child together is not making the things between these two people legally official, so they do not have the same rights like divorced married couple.

Maybe because the family law is a little bit old-fashioned especially now when the people who are cohabiting and do not have any marriage or civil partnership are over 3.5 million. Furthermore, “People’s living arrangements in England and Wales: Census 2021” article from February 2023 of the Office for  National Statistics shows that the proportion of people who live in a couple that are cohabiting (not in a marriage or civil partnership) has increased from 20.6% in 2011 to 24.3% in 2021, an increase across all age groups aged under 85 years.

That is why the government decided to launch a public consultation called: “A fairer end to relationships” from 5^th of June 2026 with duration of 10 weeks till the 14^th of August 2026 when it will close. Many opinions are in support of that the people who are in partnership does not matter of the marital status existing between them deserve more rights, security and independence in the end of their relationships. If we think in way where these people are investing in homes, savings, family and in mutual future like any other married couple and that some things can go wrong like with any other married couple,  then we can realise that they need to rebuild their life after a separation as well like with any other married couple.

So why they do not have the any security and options after that as well?
Even without a marriage or civil partnership the circumstances, after a life built together, for the cohabiting couples are the same and they should have more rights and financial independence. Reform like this will be able to moderate the family law and to bring it into the modern world and create a balance between the tradition and the modernity. Furthermore, the justice system should be fair for everybody not only the couples who decided to put the relationship between them on paper and to made it official. Not only that but on other hand this could help the victims of domestic abuse to have more security whether they hold a marriage certificate or not. In defence of everything, Melanie Bataillard-Samuel, Chair of Resolution, said:

“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 has simply not kept pace with changes in society, and often enables perpetrators of domestic abuse to continue that abuse after a relationship has ended.”

Some of the government proposals are:

• Limited “needs-led” framework – The government’s proposed model has been built with the objective of protecting children and those who are financially vulnerable, including women and victim-survivors of domestic abuse (including economic abuse) whilst preserving the unique status of marriage. The government believes it is vital the cohabitation framework is straightforward, clear and accessible. Attempting to capture all eventualities in the model would risk creating an overly complex and unwieldy framework. Less generous than divorce where legal ownership is not sufficient to meet needs, court’s focus would be on meeting the parties’ future financial requirements. “Needs” would be assessed more narrowly than on divorce and would not extend to discretionary needs. 
• Qualifying criteria – the framework suggests eligibility for couples who have lived together for at least 3 years or who share a child together in an enduring family relationship. Protections will apply automatically to cohabitants who meet the eligibility criteria, with the option for couples to opt out of the framework if they choose, ensuring individuals are protected but preserving individual choice.;
• Inheritance rights – qualifying cohabitants would receive automatic rights to inherit under intestacy rules if a partner passes away without a will.

The consultation is open to the public. Over the consultation period the government will invite views from the academics, family law practitioners, the Family Courts’ judges and magistrates, Parliamentarians, support organisations and members of the public who have an interest in the law regarding cohabiting couples and financial provision on divorce in England and Wales. In the end of the day “A law is valuable not because it is law, but because there is right in it.” Henry Ward Beecher, so we are going to wait and see if that change will be made.