Posted by Georgina Stavrou, Partner
In their 2024 manifesto the current Labour government pledged to “strengthen the rights and protections available to women in cohabiting couples“. Earlier this year campaigners and ministers applied pressure on the government to act on their promise. Last week, Baroness Levitt KC, Parliamentary Under-Secretary of State in the Ministry of for Justice, announced the government’s plan to reform the law on cohabitation and financial remedies starting with a consultation which, will commence in the Spring of 2026.
Is reform necessary?
Campaigners believe that change to the law on cohabitation is necessary and long overdue, particularly as in recent years there has been a significant increase in couples choosing to cohabit rather than to marry. Many of those live with the misconception that they have the same legal rights and protections as married couples because they consider themselves a “common law spouse”, although such a thing does not exist in this jurisdiction (England and Wales). Whilst cohabiting couples have some rights; they are limited in comparison to married couples. This has left many vulnerable individuals in a precarious financial position following the breakdown of their relationship.
What will the Spring 2026 consultation consider?
The consultation will not only focus on cohabitation. It will also look at other key areas which, may be impacted by such reforms. These include:
- Financial remedies on divorce: The consultation will be looking closely at the issues identified by the Law Commission in their report last December (2024) as well as their suggested models of reform. The consultation will also review the issue of conduct in financial remedies cases particularly, cases where there has been domestic and economic abuse by one party.
- Nuptial agreements: The consultation will consider the Law Commission’s 2014 recommendations on pre and post nuptial agreements and their suggested introduction of ‘qualifying nuptial agreements’. Such agreements would be binding provided that key requirements and safeguards have been met e.g. full financial disclosure by both parties, each party receiving independent legal advice, no pressure or duress and the agreement signed at least 28 days prior to the marriage ceremony. This would then give parties the opportunity to have more control over what is to happen to their finances in the event of a divorce or dissolution.
By incorporating the above within the consultation process, it is hoped that any changes will achieve a clearer and more harmonious system for all types of family relationships, safeguarding the most vulnerable including any children.
Although reform is on the horizon, the current law remains until such time that new legislation comes into effect. There is a lengthy process to achieve progress which includes, the introduction of a bill in Parliament, discussions and considerations by MPs, the bill being passed by both Houses of Parliament and then receiving Royal Assent and becoming an Act. There are already questions and concerns about the speed in which the bill will pass through Parliament, and whether it can happen in one Parliament and if a change in government could hinder the process.
If you are going through a relationship breakdown and require legal advice, please contact our specialist family lawyers on 020 7935 3522.