The current law for unmarried couples

Currently, there are limited financial protections available to unmarried couples who part ways. Under the current law for cohabiting couples in the UK, when those in this type of relationship separate, their own financial claims are confined to property ownership. If applicable, financial claims relating to children can be made, but these must be on behalf of the children and for their benefit only.

Post separation, one party to a cohabiting relationship may wish to claim that they have a beneficial interest in the family home (i.e., they are entitled to receive some of the sale proceeds if the property is sold), despite its being held in the sole name of the other. The non-owning party would not have an automatic beneficial interest in these circumstances. 

Equally, on separation, one cohabiting party may consider that their beneficial interest in a jointly owned property is greater than that of the other. Perhaps, for example, that party made greater financial contributions to the property. 

For cohabiting couples, where a property is held jointly, the presumption is that the beneficial interest is shared between the parties equally. Where a property is held in the sole name of one party, the presumption is that only that party hold a beneficial interest. It is for the party arguing against these presumptions to prove that the beneficial ownership of the property does not reflect the legal ownership (i.e., ownership as set out in the title deeds of the property).

The consultation – a proposed new law for cohabiting couples

There are a range of financial remedies available to parties to a divorce, which include lump sum payments, property adjustments orders (such as an order for a sale), pension sharing, and so on. 

As part of the Government’s proposals for cohabiting couples in the UK, the remedies available to unmarried (but cohabiting) couples should be extended to include many of those available on divorce. However, financial remedies for unmarried couples would not exactly mirror those available on divorce, the rationale being that this would recognise the ‘unique status’ of marriage. 

In order to qualify for financial remedies (beyond those currently available to unmarried couples), parties to a previously cohabiting relationship would have to meet certain criteria. For example, the parties will need to have either (1) lived together for a minimum of three years or (2) there must be a child of the family. Also, any application for financial remedies in this context must be brought within two years of separation. 

Beyond reforming the law for cohabitants on separation

The Government’s consultation does not only refer to changes that could provide for new laws relating to cohabiting couples in the UK.  The consultation also concerns reforms to financial remedies available on divorce, and to the law for cohabitants where one cohabitant passes away without a Will. 

You can read the consultation in full here: https://www.gov.uk/government/consultations/a-fairer-end-to-relationships/a-fairer-end-to-relationships-consultation-document 

The consultation closes on 14 August 2026. Only then will the Government consider whether reform is to take place. If so, it is unlikely that any changes to the law will take place in the near future. 

If you are in a cohabiting relationship (whether or not you are separating) and you wish to discuss the financial protections available to you under the current law, please do not hesitate to contact the team of Family lawyers here at Kitson Boyce. 

Based across our three offices in Devon, our family lawyers have years of experience dealing with matters related to cohabiting couples and can help you understand your options both now and in the future.

Please get in touch by emailing [email protected] or calling 01803 202020 and a member of our Family team will be happy to assist.