More than 3.5 million couples in England and Wales live together without being married or in a civil partnership — and until now, if one partner dies or the relationship ends, the other has had almost no legal right to inherit a penny, regardless of how long they lived together or whether they have children.
But that could change. The government has launched a 10-week consultation on proposals that would grant cohabiting partners automatic financial rights after three years of living together — or immediately if they have children together.
“Government proposes new rights for cohabiting couples after three years, including inheritance and property access.”
Speaking on BBC Radio 4's Money Box programme, financial expert Paul Lewis described the scale of the shift: "In the last 24 hours the government has published its plans to give couples living in unmarried bliss more financial rights. Cohabiting is the fastest growing type in England and Wales with more than 3.5 million couples living together without being married or in a civil partnership. But if their relationship ends or one of them dies they have almost no legal rights in England and Wales to share or inherit money or property belonging to the other, regardless of how long they have lived together or if they have children. These new government proposals would change that."
Under the current system, which the government has described as "outdated", unmarried partners have no automatic right to inherit from a deceased partner, no matter how long they lived together — even if they had children. The proposals would give cohabiting couples access to a portion of a property sale when they separate, to help safeguard their financial future. The government said the change would particularly help survivors of domestic abuse achieve financial security and independence at the end of a relationship, "whatever their marital status".
The consultation will also examine whether courts should place greater emphasis on the effects of domestic abuse — including controlling or coercive behaviour or economic abuse — when evaluating finances for married couples and cohabitants. To prevent bereaved partners being left in uncertainty, the plan includes automatic inheritance rights for cohabiting partners whose partner dies without a will.
Separately, the government is proposing to make pre-nuptial and post-nuptial agreements legally enforceable, so that people who choose to enter one can be confident their financial wishes will be respected if they divorce.
About seven million unmarried people in the UK are now cohabiting, according to official figures. With the fastest-growing relationship type in England and Wales still lacking basic legal protections, the question is whether three years is the right threshold — and whether the proposals will survive the consultation process that has just begun.