If my partner and I were to separate, would I have any financial rights?
As the law currently stands, unlike married couples, unmarried couples living together do not automatically have rights over any property or assets in their partner’s sole name upon separation or death.
To gain some protection, parties may enter into a cohabitation agreement to deal with issues such as finances, property and child arrangements in the event of separation or death. It is worth noting that the enforceability of these agreements is not always certain. Should you require more information on cohabitation agreements, please call to speak with a member of the Family Team at Johnson Astills.
That being said, a cohabitation agreement may soon no longer be one of the main ways to gain financial rights. On Friday 5 June 2026, a government consultation was launched to consider giving unmarried couples increased financial security if they split up.
Justice secretary, David Lammy, has said “whether you have been left bereaved by the sudden and unexpected death of a partner, or escaped horrific domestic abuse, our laws should work to protect you”.
What will these reforms mean?
Under these proposed reforms, if they are passed into law, if you have lived with your partner for at least three years or you share a child together, you will be considered cohabitants.
What will be the benefit of being considered ‘cohabitants’?
For married couples and cohabiting couples, the Courts could give greater weight to the impact of domestic abuse/economic abuse, when assessing finances.
The government’s proposals, if incorporated into law, will help couples, including survivors of domestic abuse, gain financial security and independence at the end of a cohabitating relationship, whatever their marital status.
What additional changes may be made by these reforms?
Unmarried couples would be given automatic inheritance rights if their partner dies without a will.
The government is also proposing making pre-nuptial and post-nuptial agreements legally binding. This would mean that people who choose to enter such agreement, can be assured their financial wishes will be honoured should they divorce.
Prior to these reforms, unmarried individuals, who separate from their partner, could be left with nothing, as there is no way, by law, to get a share of the relationship pot. These proposed reforms, if enacted, could mean that individuals are potentially able to gain access to things, for example such as the share of a house sale if it is owned in the sole name of the other partner, or if the other partner owns a bank account in their sole name.
If you would like some advice regarding your financial rights upon separation, please get in touch with the Family Team today – we would be more than happy to discuss your matter further.
If you are currently cohabiting and require any advice in relation to making a Will, please call and ask to speak with a member of the Wills and Probate Team, who would be glad to help you.
You can call us at our Leicester office on 0116 255 4855 or our office in Loughborough on 01509 610 312. Alternatively, feel free to email us at legal@johnsonastills.com, or fill in our enquiry form.
