The government has launched a consultation on plans to change rights for unmarried couples – which could make a big difference
A BBC expert has explained how unmarried couples living together could face new ‘three-year rule’. Couples who live together have been told about proposals for a significant rule change, which could have substantial implications for them. Under the proposals, people would gain more rights should their partner pass away or the relationship end.
Currently in England and Wales, unmarried partners possess no automatic legal entitlement to inherit from a deceased partner, irrespective of the duration of cohabitation or whether they share children. The Government has initiated a consultation regarding plans to reform this, and on BBC Morning Live, lawyer Gary Rycroft outlined how it might operate today.
Within the proposed new framework, couples would need to meet certain criteria to be recognised as together, requiring a minimum three-year cohabitation period under the suggestions, unless the couple had children together.
Mr Rycroft said: “So, there are three and a half million couples in the UK who are living together who are not married or in a civil partnership. They are cohabiting, and that’s double the number 30 years ago. It’s a big shift in the way we are living together.”
He explained that many people may be completely unaware that, should they separate or their partner tragically pass away, they have no legal entitlements whatsoever in the same manner a married couple would – and could potentially be left with nothing. He said: “That’s fine if it’s an informed decision and if people understand implications but if you aren’t married or in a civil partnership, then there can be something unjust happens if your partner dies or if you split up whereas if you’re married in a civil partnership, then defined rules occur if your spouse dies or if the marriage sadly ends.”
Host Helen Skelton said: “Loads of my friends I assumed were married and they’re not. They live together like you say, it’s kind of was five years, 10 years, 20 years. Is that what this consultation is a reflection of then? Because times have changed.”
Mr Rycroft said: “The law is a bit of a blunt instrument. You’re either married or in a civil partnership or you’re not. And if you’re not, it can have an unfair result. If your partner dies, you don’t automatically inherit. Or if you separate, you don’t automatically share the asset. So this consultation is trying to address that injustice.
“It’s trying to put in place a safety net, really, for people who find themselves in that position. They find themselves sadly with their partner of long-standing having died. They don’t automatically inherit or they find themselves splitting up and they’re not sharing assets. And for some people, splitting up can be a very difficult situation if they are in a relationship that is abusive or there’s some kind of economic control going on, some kind of coercive control. In fact, Women’s Aid found in uh 2024 in a report that they published that it can cost about £50,000 to actually leave your partner and set up home again.
“And actually, in a different report, it was said that up to three-quarters of women said that they weren’t going to leave their partner because of the financial consequences. And of course, financial abuse occurs with men and women. It’s not just about women as well. So, we want to put in place a kind of safety net for people who find themselves trapped in a situation. And surely that’s going to be a good thing if people are free to live the lives that they want to live.”
The government consultation document said that the duration of cohabitation was one method of determining whether a couple was genuine. It says: “The consultation seeks views on a new statutory framework of rights and responsibilities for eligible cohabiting couples when they separate. This framework would offer clearer and more consistent protections while remaining different from and narrower than that available on divorce, preserving the distinct and unique status of marriage.
“The framework would apply automatically to eligible couples, with an option to opt out where both partners agree. Eligibility would be limited to adults in long‐term, committed and interdependent relationships who have lived together for at least three years or live together and share a child. As with divorce, shorter relationships will probably attract more limited awards.”
Speaking on the BBC’s Money Box programme, expert Paul Lewis previously raised the question of cohabitation, which he noted could be ‘fluid’ with people moving in together while perhaps retaining a previous home or spending only a few nights a week together – and queried when the ‘3 year clock’ would begin. Joanne Edwards is a partner at Forsters and sits on the national committee of Resolution, the national family lawyers association.
Ms Edwards said: “It’s an important point and one which the checklist of factors would deal with. It would be about the degree of permanence, whether they’re in a sexual relationship, what the public perception of their relationship is .
“It’s actually something we’ve got in legislation already, for example, around adoption, and also plenty of other countries have this legislation already, so have grappled with this. People need to be aware and decide how they want to frame their relationship and then regulate it between themselves.”
The consultation launched on June 5 and runs for 10 weeks, closing on August 14. The government will seek views from members of the public, legal professionals, academics, charities and other stakeholders throughout the consultation period.
Deputy Prime Minister, David Lammy, said: “When a relationship comes to an end, each partner should have the support and certainty they need to rebuild their life. We’re launching this consultation to make sure our new family law builds a fair system that offers the most vulnerable protection in the event of a breakup, and at a time when the country is facing cost-of-living pressures.
“Whether you’ve been left bereaved by the sudden and unexpected death of a partner, or escaped horrific domestic abuse, our laws should work to protect you. These reforms strike an important balance between tradition and modernity. I’m determined that our justice system should work for everyone who needs it.”
To read the consultation document click here.
