The principal law in England & Wales regarding divorce is contained in an Act of Parliament which came into force at a time Edward Heath was Prime Minister; the UK had just joined the European Economic Community; the Ford Cortina was the UK’s biggest selling car and the most iconic TV advert was the ‘For Mash Get Smash’ campaign.
Society has changed beyond recognition since those days, yet the law that applies when couples divorce was drafted such a long time ago.
According to a 2022 report, about 46% of people in England and Wales mistakenly believe in “common law marriage,” though no such legal status exists; many think cohabiting couples gain the same rights as married couples, which is not the case.
Recent reports state that the UK government intends to launch a formal consultation on cohabitation law reform in Spring 2026. The aim is to address the limited legal protections available to over 3.6 million cohabiting couples in England and Wales.
Current Legal Reality: As of 2025, cohabiting couples do not have automatic rights to property, pensions, or inheritance if they separate or one partner passes away, often resulting in complicated and expensive legal proceedings.
Spring 2026: A broad formal consultation will commence, focusing on cohabitation law reform, financial remedies upon divorce, and the possible legal recognition of cohabiting couples.
Cohabiting couples are the fastest-growing family type in the region.
