Question to the Ministry of Justice:

To ask the Secretary of State for Justice, when he plans to open the consultation on cohabitation rights reform; and whether that consultation will include proposals covering cohabiting couples who separate without having had children together.

As set out in our manifesto, the Government is committed to strengthening the rights and protections available to women in cohabiting couples. Cohabitation reform is a matter of utmost importance, and we will be consulting this Spring on how best to deliver this commitment. The consultation will consider how best to strengthen the rights of cohabitating couples and the circumstances in which protections may apply, while firmly upholding marriage as one of our most important institutions.

The Government also recognises the challenge posed by the mistaken belief in the myth of “common law marriage”. To improve public awareness of the legal distinction between marriage and cohabitation, we updated GOV.UK guidance last year to set out the legal position clearly. In addition, from September 2026, the updated Relationships Education, Relationships and Sex Education (RSE) and Health Education statutory guidance will also state that schools should teach that “common-law marriage” is a myth by the end of secondary school, helping to tackle persistent misconceptions and improve public understanding of the law.

Legal aid is currently available to a person in a cohabiting couple for some private family proceedings, such as child arrangement orders and transfers of tenancies, where they are a victim of domestic abuse or are at risk of abuse. Funding is subject to providing evidence of domestic abuse and passing the means and merits tests. Where an issue falls outside the scope of legal aid, for example, cohabiting partners seeking to resolve property disputes upon separation, individuals can apply for Exceptional Case Funding (ECF). ECF will be granted if, without legal aid, there is a risk that the person’s human rights may be breached. ECF applications are determined by the Legal Aid Agency on an individual basis. This Government keeps legal aid policy under review.