By Zharna Sutaria, Head of Family Law, Vyman Solicitors

At Vyman Solicitors, we guide our clients through life’s most significant moments – and few moments carry greater consequence than the breakdown of a long-term relationship, the loss of a partner, or the realisation that the legal protections you assumed you had simply do not exist.

If you are living with your partner but are not married or in a civil partnership, this article is essential reading.

The Government has just launched its most ambitious consultation on family law in decades. For more than 3.5 million cohabiting couples across England and Wales, the proposed changes could be transformative. But the law has not changed yet – and for high net worth individuals with significant property, investments and assets, the gap between what you assume and what the law actually provides can be devastating.

The Myth That Leaves Millions Unprotected

Let us be direct about something. There is no such thing as common law marriage in England and Wales. It does not matter how many years you have been together, whether you have children, whether you share a family home worth millions, or whether one of you sacrificed a career to support the other. Without a marriage certificate or civil partnership, the law treats you as legal strangers when it comes to finances.

Research suggests that nearly half of all adults in England and Wales still believe common law marriage exists. Among our clients – educated, successful, financially astute people – this misconception is surprisingly common. And the consequences of it can be severe.

When a cohabiting relationship breaks down, there is no court process to divide assets fairly. When a partner dies without a will, the surviving partner may inherit nothing, regardless of decades spent building a life together. This is the reality of the law today.

A Landmark Consultation – Three Key Proposals

On 5th June 2026, the Ministry of Justice published a consultation titled A Fairer End to Relationships, described by the Government as proposing “some of the biggest reforms to family law in decades.” The consultation closes on 14th August 2026.

Here are the three proposals that matter most to our clients.

1. Financial Rights on Separation

The consultation proposes creating a new legal framework giving cohabiting couples the right to make financial claims when a relationship ends. To qualify, a couple would need to have lived together for at least three years, or to share a child together. Both partners must be 18 or over, and there would be a two-year window from the end of the relationship to bring a claim.

For the first time, eligible cohabitants could apply to the court for a share of property proceeds, or for financial support if they were financially dependent on their partner. The framework would apply automatically, though couples could choose to opt out by prior agreement.

For our clients, this matters enormously. If you have a partner who has significantly greater wealth, or if one of you has stepped back from your career during the relationship, the current law leaves the financially weaker partner almost entirely exposed. These proposals, if enacted, would begin to address that imbalance.

That said, this framework is explicitly designed as a safety net — not as an equivalent to marriage. The financial remedies available on divorce would remain considerably broader.

2. Automatic Inheritance Rights

Under today’s law, if your partner dies without a valid will, you receive nothing from their estate. Everything passes to blood relatives under the intestacy rules, regardless of how long you were together or what you built together. For a surviving partner whose name was not on the title deeds or investment accounts, the consequences can be financially catastrophic.

The consultation proposes giving qualifying cohabitants automatic inheritance rights under the intestacy rules. The Law Commission had previously recommended a five-year threshold for couples without children, and two years where a child is shared. The Government is now reviewing exactly where those thresholds should sit.

This is a long overdue reform. But — and this is critical — even if these changes become law, a will remains non-negotiable. The proposed changes are years away from taking effect, and wills can be tailored precisely to your wishes, your estate structure and your family circumstances in a way that the intestacy rules never can.

3. Greater Protection for Domestic Abuse Survivors

The consultation also addresses something that affects far more relationships than people acknowledge, including among high net worth couples: domestic abuse, and in particular economic abuse and coercive control.

Financial control — restricting a partner’s access to money, running up debt in their name, preventing them from working — is recognised in law as a form of domestic abuse. Yet when cohabiting relationships involving this kind of abuse end, the financially controlled partner currently has almost no legal recourse.

The Government is seeking views on whether courts should give greater weight to domestic abuse, including economic abuse, when deciding financial outcomes for both cohabiting couples and divorcing spouses. This could give judges far more flexibility to provide meaningful relief to survivors.

If you are experiencing financial control or any form of abuse within your relationship, please do not wait for legal reform to seek help. The National Domestic Abuse Helpline is available free, 24 hours a day, on 0808 2000 247.

What Happens Next – and Why You Cannot Afford to Wait

The consultation closes on 14th August 2026. After responses are reviewed, the Government must decide whether and how to legislate. Any resulting legislation must pass through Parliament. Realistically, new laws are unlikely to come into force before 2028 and there is no guarantee that reforms will apply to existing relationships.

For our clients, waiting is not an option. The risks are too significant and the tools to protect yourself exist right now.

What You Should Do Today

At Vyman Solicitors, we work with individuals who have worked hard to build significant wealth and assets. Leaving those unprotected because the law has not yet caught up is simply not acceptable. Here is what we recommend:

• Make a will. If you are not married and you do not have a will, your partner could inherit nothing. This is the single most important step you can take, and it can be done quickly and relatively straightforwardly with the right legal guidance.
• Put a cohabitation agreement in place. A properly drafted cohabitation agreement sets out clearly how property, finances and assets are to be handled during your relationship and on separation. For clients with complex asset structures, business interests or property portfolios, this is essential.
• Review how your property is held. Whether you own as joint tenants or tenants in common, and in what proportions, has significant implications. Many couples have never examined this. We regularly find arrangements that do not reflect what either partner intended.
• Take independent legal advice. Every client’s situation is different. A conversation with Zharna and the Vyman family law team will give you a clear, honest picture of exactly where you stand – and what steps are right for you.

A Word from Zharna Sutaria, Head of Family Law

“These proposed reforms are long overdue and I welcome them wholeheartedly. For too long, the law has failed to reflect the reality of how people build their lives together. But I want to be clear with anyone reading this: these are proposals, not law. The consultation closes in August, and even optimistic timelines put new legislation years away. In the meantime, the people I see most affected are those who assumed they were protected. If you are in a cohabiting relationship and you have not taken legal advice, I would urge you to do so now. The stakes — your home, your financial security, your family’s future — are too high to leave to chance.”

How Vyman Solicitors Can Help

At Vyman Solicitors, we are your trusted legal partner, here to help you navigate life’s key moments with clarity, confidence and expert guidance. Whether you need a will, a cohabitation agreement, advice on property ownership or a broader review of your financial arrangements, Zharna Sutaria and our family law team are here to help.

To arrange a confidential consultation, please contact us today. 

This article is intended as general information only and does not constitute legal advice. The law referred to applies in England and Wales. Scotland has separate provisions under the Family Law (Scotland) Act 2006. If you require advice specific to your circumstances, please seek independent legal guidance.

Published June 2026. Information accurate at time of publication.