The government has launched a consultation on major changes to family law that would significantly strengthen the financial rights of unmarried couples, in a move affecting more than
3.5 million cohabiting households across the UK.
The proposals, announced by the Ministry of Justice, aim to modernise legal protections for people in relationships outside marriage, particularly in cases of separation, domestic abuse, and bereavement. Ministers say the reforms are designed to reflect changing social norms while improving financial security during some of life’s most difficult transitions.
Under the plans, survivors of domestic abuse would be given stronger financial protections when leaving a relationship, regardless of marital status. The consultation also examines whether courts should place greater weight on domestic abuse — including coercive control and economic abuse — when dividing finances between separating partners.
Bereaved unmarried partners could also gain automatic inheritance rights if their partner dies without leaving a will, a change intended to reduce legal uncertainty and financial hardship at a time of grief.
In addition, the government is exploring whether pre-nuptial and post-nuptial agreements should be made legally binding, giving couples greater certainty over how assets would be divided in the event of divorce.
Officials argue the current legal framework leaves many unmarried partners with limited rights when relationships end, particularly where one partner has been financially dependent. The consultation suggests possible reforms that could allow individuals to claim a share of jointly accumulated assets, such as proceeds from a home sale.
Deputy Prime Minister, David Lammy, said:
“When a relationship comes to an end, each partner should have the support and certainty they need to rebuild their life. We’re launching this consultation to make sure our new family law builds a fair system that offers the most vulnerable protection in the event of a breakup, and at a time where the country is facing cost of living pressures.
Whether you’ve been left bereaved by the sudden and unexpected death of a partner, or escaped horrific domestic abuse, our laws should work to protect you.
These reforms strike an important balance between tradition and modernity. I’m determined that our justice system should work for everyone who needs it”.
The consultation, led by the Ministry of Justice, is also expected to consider how financial disputes between separating couples can be resolved more quickly and at lower cost, in an effort to reduce pressure on families and the courts.
Family law minister Baroness Levitt KC said the reforms are intended to address long-standing gaps in legal protection for cohabiting partners and better reflect the realities of modern relationships.
The consultation marks one of the most significant reviews of cohabitation law in recent years, with ministers saying the goal is to create a fairer and more predictable system for couples who choose not to marry while still strengthening protections for those in vulnerable situations.
Justice Minister Baroness Levitt KC, said:
“Financial independence should be afforded to everybody – not just those who choose to marry or enter into a civil partnership.
Too many women who have suffered the horrors of domestic abuse are left destitute at the end of a relationship because they’ve been denied the rights they deserve. The outcome of our consultation will be a system which celebrates choice, autonomy, and tradition in equal measure”.
Sam Smethers, CEO of Surviving Economic Abuse, said:
“This is a once in a generation opportunity to improve protections for victim survivors of domestic abuse, whether they hold a marriage certificate or not. Too often, cohabiting survivors are left with no safe route to separate financially from an abusive partner, forced to abandon their home, savings or financial security just to escape.
It is encouraging that the Government will also explore whether courts should give greater weight to domestic, including economic, abuse when resolving finances. Too many survivors are forced to navigate an outdated legal system that doesn’t consider the impact of these harms and is often weaponised by abusers to continue coercive control from afar”.
“As reforms are developed, it is vital that the Government works closely with victim survivors – especially those most marginalised from the justice system – to ensure the new protections recognise the devastating impact of economic abuse and genuinely meet all survivors’ needs.”
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.
Today’s announcement is a welcome and significant step towards ending the endemic unfairness for cohabiting couples that Resolution’s 6,500 members see day in, day out. We look forward to these reforms being implemented to create a system that is fit for modern society”. Photo by Rgaudin, Wikimedia commons.
