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The consultation is open now and closes on 14 August. It could affect how money, homes, pensions and inheritance are dealt with when family relationships break down or when a partner dies without a will.
At a glance
What could change?
In simple terms, the consultation asks whether the law should do more to give people certainty at some of life’s most difficult moments: divorce, separation and bereavement. The proposals could make it easier for people to understand their rights, plan ahead and avoid unnecessary disputes.
Why this matters
Living together is now a common family choice, but the law has not always kept pace. The government says some cohabiting partners can be left with little protection if a relationship ends, even after years together. This can create uncertainty, financial pressure and difficult choices for families.
1. Money and property after divorce
The first part is about financial arrangements after divorce or the end of a civil partnership. The government wants to make the rules easier to follow by putting more of the current law into legislation and clarifying areas that can be hard to predict.
The aim is to make outcomes fairer and more predictable. Courts would still look at people’s needs and at how assets should be shared. The starting point would be that property built up during the marriage should usually be shared equally.
Children’s needs would come first. The proposals would also define more clearly what counts as property from the marriage and what counts as property kept separate from it. The government is also asking whether pre-nuptial and post-nuptial agreements should be legally binding in some cases.
The government is not proposing to change the types of financial orders courts can currently make under the Matrimonial Causes Act 1973.
The consultation asks for views on issues such as how domestic abuse should affect financial decisions, how pensions should be treated, and whether time spent living together before marriage should count when deciding the length of the marriage.
It is not currently looking at major changes to spousal maintenance or financial support for children over 18.
2. Rights for cohabiting partners who separate
The second part focuses on couples who live together but are not married or in a civil partnership. At present, their rights can be limited if they separate. The government is asking whether a new legal framework should offer more protection, especially for children and people who are financially vulnerable.
The new protections would only apply to couples in committed romantic relationships. They would need to have lived together for at least three years or live together and have a child together. A person would need to be at least 18 to make a claim, and any claim would need to be made within two years of the relationship ending.
The approach would put children first. It would also start from who legally owns the property. Support for cohabitants would be based on need and would generally be less generous than the rules for divorce. The government also wants outcomes to be final where possible, so former partners can make a clean break.
If a couple qualifies, the protections would apply automatically. Couples could agree to opt out, but only if proper legal safeguards are in place.
The consultation asks what factors courts should look at when deciding whether people count as cohabitants. These could include whether they shared a home, shared finances, and had a sexual relationship.
The proposed test would be simple and based on need. Courts would first look at what any children need, and then at each partner’s financial needs.
The government says this would help keep marriage legally different from cohabitation. Unlike divorce, there would be no automatic starting point that relationship assets should be split 50:50.
Courts could be given several options to deal with different cases, including orders about property, lump sum payments and pensions. Ongoing maintenance would only be available in exceptional cases.
3. If a cohabiting partner dies without a will
The third part looks at what happens when someone dies without making a will. This is called dying “intestate”. At the moment, a cohabiting partner does not automatically inherit in the same way as a spouse or civil partner, even if the couple lived together for many years.
The government is considering giving qualifying cohabitants the same rights under intestacy rules as spouses or civil partners. It is asking how cohabiting relationships should be defined for this purpose.
One option is to require a couple to have lived together for at least five years before one partner’s death. If the couple had a child together, the government is considering removing any minimum time requirement.
The government broadly supports the idea that qualifying cohabitants should inherit in the same way as spouses or civil partners. This would affect both how much they could inherit and where they would sit in the order of people entitled to the estate.
The government recognises that some people may disagree with this, especially where it could affect children, children from earlier relationships, or other relatives. It is asking for views on how the rules should balance these interests.
The consultation also asks whether qualifying cohabitants should have the same priority as spouses or civil partners when applying to administer an estate. The government says this would make the process clearer and more predictable for bereaved partners.
It is also considering wider access to claims under the Inheritance Act 1975 where cohabitants have children together.
How to have your say
If these issues affect you, your family, your clients or your organisation, this is your chance to give feedback. Responses are open until 14 August, and the government is inviting views from the public, legal professionals, academics, charities and other organisations.
A fairer end to relationships: Consultation Document
If you would like to discuss any of the above further, please contact Sahida: sahidaahmed@bexleybeaumont.com | 07702 021351
