Unmarried Partners’ Rights: Lib Dem Peer Leads Push for Reform with new Cohabitation Rights Bill

​It may have slipped under the radar, but whilst the Government was still consulting about a fairer end to relationships, Liberal Democrat peer Lord Marks of Henley-on-Thames KC, submitted a Private Members' Bill in the House of Lords to introduce a Cohabitation Rights Bill, officially introduced as "A Bill to provide certain protections for persons who live together or have lived together as a couple; to make provision about the property of deceased persons survived by a cohabitant; and for connected purposes."
​The legislation aims to tackle what family law practitioners have long warned is a ticking demographic timebomb: roughly 3.5 million unmarried, cohabiting couples in the UK who wrongly believe they are protected by a non-existent "common-law marriage." Under current English law, unmarried partners who separate, even after decades together, often walk away with no automatic right to financial provision or property sharing, regardless of the domestic or financial sacrifices made during the relationship.

​A Modern Safety Net
​Lord Marks’s proposed framework introduces a statutory scheme designed to correct severe economic imbalances caused by a breakup, without simply mimicking marriage:

​Qualifying Criteria: Protections apply to unmarried couples who have lived together continuously for at least three years, or who share a child together.
​Financial Redress on Separation: Courts would gain the power to issue Financial Settlement Orders (FSOs) to compensate a partner who has suffered economic disadvantage, such as pausing a career to raise children, or to rebalance assets where one party has been unjustifiably enriched by the other’s domestic contributions.
​Intestacy and Inheritance Reform: If one partner dies without a valid will, the surviving cohabitant would automatically inherit a share of the estate under revised intestacy rules, removing the costly burden of filing court claims simply to remain in their shared home.
​Preserving Freedom of Choice: Recognising that many couples consciously choose not to marry to avoid legal entanglement, the Bill includes an explicit "opt-out" mechanism. Couples can sign formal opt-out agreements, cohabitation contracts, or trust deeds, provided both parties receive independent legal advice, ensuring personal autonomy remains protected.
​Parallel Tracks in Westminster
​The Private Member's Bill in the Lords is running alongside the Ministry of Justice's broader consultation into reforming divorce remedies and cohabitation protections. Because the Ministry's proposals align closely with Lord Marks’s Bill, both targeting the key three-year cohabitation threshold and a two-year post-breakdown claim window, there is growing optimism across the legal sector.

​It is hoped that the Government can support the Bill and make constructive amendments rather than rejecting it out of principle. With Labor committed to improving rights for cohabiting partners and reducing financial vulnerability, adopting Lord Marks’s framework, supported by civil service resources could fast-track long-overdue justice for millions of unmarried families across England and Wales.

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