Cohabiting couples and domestic abuse survivors to be given stronger rights under major reforms

Bereaved unmarried partners will be given automatic rights to inheritance if a partner dies without a will, while survivors fleeing abusive relationships will receive greater financial protections.

Deputy Prime Minister David Lammy said the reforms, which are the subject of a 10-week government consultation launching on 5 June, would "strike an important balance between tradition and modernity".

Bereaved unmarried partners would be given automatic rights to inheritance if a partner dies without a will and separation will be made less financially difficult for cohabiting couples.

The plans would mean, for example, that a person could gain access to a share of a house sale when their relationship ends.

It is estimated that 3.5 million unmarried couples in the UK could benefit from the reforms.

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Currently unmarried couples do not have the same rights to claim or inherit assets if the relationship ends or a partner dies as married couples do.

And when unmarried couples with children separate, the care-giving parent currently is unable to apply to the courts for long-term financial support.

The government will also explore whether courts should give greater weight to the impact of domestic abuse when assessing finances, regardless of whether they are married.

Sam Smethers, CEO of Surviving Economic Abuse, said: "Too often, cohabiting survivors are left with no safe route to separate financially from an abusive partner, forced to abandon their home, savings or financial security just to escape.

“It is encouraging that the Government will also explore whether courts should give greater weight to domestic, including economic, abuse when resolving finances. Too many survivors are forced to navigate an outdated legal system that doesn’t consider the impact of these harms and is often weaponised by abusers to continue coercive control from afar."

The government is also proposing making pre-nuptial and post-nuptial agreements legally binding. While prenups can be accepted by a family court, the judge can ultimately decide whether to enforce them.

There would also be support to help divorcing couples resolve financial disputes more easily and fairly.

Cohabiting couples would need to have been together for at least three years or have a child together to be eligible.

The courts would also need to be satisfied couples are in an enduring family relationship.

Mr 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 where 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.”

The consultation will launch on June 5 and run for 10 weeks, closing on August 14.