What New Government Proposals Mean for Unmarried Couples in Kent
If you are living with your partner but aren’t married or in a civil partnership, you might be surprised by how little legal protection you actually have if things go wrong.
There is a widespread myth in the UK about the “common law marriage”—the belief that if you live together for a few years, or have children together, you automatically share the same legal rights as a married couple.
In reality, under current English law, common law marriage does not exist. If an unmarried couple separates, one partner can easily end up walking away with almost everything, leaving the other economically vulnerable—especially if they took time out of work to raise children.
However, the tide is finally turning. The government has just launched a landmark consultation titled ‘A fairer end to relationships’. This could completely reshape the future for cohabiting couples across Kent and the rest of the UK.
Here is what you need to know about these proposed changes and how they might affect you.
What is Changing?
The government’s new “Family Test” consultation is explicitly designed to look at how policies impact families of all types, with a sharp focus on protecting children. The Ministry of Justice is currently seeking views on major reforms across three specific areas:
- New Protections for Cohabitants on Separation
This is the big one for unmarried couples. The government wants to introduce a brand-new statutory framework of rights and protections specifically for eligible cohabitants who split up.
The goal is to protect the “economically vulnerable” partner—for instance, a parent whose earning capacity was reduced because they stayed home to care for the kids. While these rights will still remain narrower and distinct from a full divorce, they will provide a much needed safety net.
- Fairer Inheritance Rights if a Partner Passes Away
Currently, if your unmarried partner dies without a will, you do not automatically inherit their estate, no matter how long you lived together.
The new proposals aim to strengthen inheritance provisions for cohabitants, creating clearer, more automatic routes to financial support while still balancing the rights of other family beneficiaries.
- Clearer Rules for Divorce and Nuptial Agreements
For those who are married, the current law regarding financial settlements on divorce can be incredibly unpredictable and inconsistent. The government hopes to codify (write into strict law) certain elements to make outcomes easier to predict. This includes creating clearer rules around pre-nuptial and post-nuptial agreements, helping couples negotiate fair settlements out of court.
The ultimate aim of these reforms is to support couples in negotiating fair settlements themselves, reducing bitter disputes and keeping families out of the stressful, expensive court system.
Why This Matters to You Right Now
If you are currently going through a separation or thinking about your future as an unmarried couple in Kent, these proposals highlight just how complicated the legal landscape is right now.
Until these proposals become law, unmarried couples separating today must still navigate the old, rigid system. Property disputes are handled under strict, complex trust laws rather than family law, which means fairness isn’t always the priority.
This is exactly why family mediation is so vital. You do not have to wait for the law to change to get a fair deal.
Through mediation, you and your ex-partner can sit down with a neutral professional to work out a bespoke arrangement that genuinely protects both of you and your children. It allows you to create your own “fairer deal” based on your family’s actual needs, rather than relying on outdated legal loopholes.
Have Your Say, The Consultation is Open
This is a genuine opportunity to shape the future of family law in the UK. The consultation is open to every member of the public—whether you are a legal professional, a separating parent, or simply living with your partner.
- Read the full document: You can review the proposal details on the Gov.uk Consultation Page.
- Submit your views: You can complete the official online survey directly at the Ministry of Justice Consultation Portal.
The consultation closes on 14th August 2026. Don’t miss the chance to share your perspective on making relationship endings fairer for everyone.
Need help with your separation?
If you are an unmarried couple separating in Kent and want to achieve a fair, amicable agreement without the stress and cost of court, we can help.
Contact Kent Family Mediation Service today at https://kentfms.co.uk/make-a-referral/make-a-mediation-referral/ or phone us on 01795 410457 to book a separate mediation information meeting or MIAM.
