Common Law Marriage: The Myth and What Could Change for Cohabiting Couples

The recent Law Commission consultation paper “A fairer end to relationships” published on 5th June 2026 (A fairer end to relationships – GOV.UK) stated that 47% of the British public believe common law marriage exists, however, despite this common belief, it is a myth that common law marriage exists in England and Wales.

Regardless of how long someone has been cohabiting with their partner, under the current law, the rights of an unmarried couple will never be the same or even similar to those of a married couple. We find that many clients unfortunately, only realise this when they obtain legal advice upon their rights after the breakdown of a relationship or upon the death of their partner. It is evident that there is a lack of education upon the rights of unmarried cohabiting couples.

At present, if you are a unmarried cohabiting couple your ability to pursue a financial claim after separation is extremely limited and the remedies available to you are also limited. Depending upon the particular circumstances of your matter, you may not be able to pursue a financial claim against your ex-partner at all. Upon death, unmarried couples without a Will, do not inherit from one another and therefore, where a partner has not been provided for in a Will it can lead to lengthy and costly proceedings which are emotionally challenging.

The proposals made by the consultation seek to change this, and if they come into effect common law marriage will no longer be the myth it once was. Cohabiting couples who have lived together for at least three years would be able to make a claim based upon their financial needs and the needs of any children of the family. Further, upon death couples that have been cohabiting for at least five years without children, and two years with a child would automatically inherit from their deceased’s partner when they have passed away without a Will.

If the unmarried couple agree they do not wish to have access to the above claims, they can choose to enter into an opt-out agreement, but as it is anticipated both parties will need to be legally represented for this, opting-out will cost time and money. There is also an added difficulty that if one party wishes to opt-out and the other does not, it may lead to relationship breakdowns.

Whilst there have been a number of proposed changes to the rights cohabitees will have in the future, it is important to remember that these changes are at a very early stage at the moment and there is no guarantee they will become law. Many consultation papers in the past have been published, but years down the line the law has remained the same. However, why not take the time to have your say upon the proposed changes and get in contact with ITV News.