There is a myth that will not die: “common law marriage”. A lot of people believe that if you live together long enough, you build up the same rights as a married couple. You do not. In England and Wales, if you were not married or in a civil partnership, splitting up leaves you with very little to fall back on: property law, and child maintenance for the children. That catches a lot of separating dads out, and usually at the worst possible moment.
That might finally be changing.
What is happening
On 5 June 2026 the government opened a consultation called “A fairer end to relationships”. It asks whether unmarried couples who live together should get some financial rights and protections when they separate, and it also proposes reforms to how money is sorted out on divorce. It is open until 14 August 2026.
One thing to be clear about up front: this is a consultation, not a new law. Nothing has changed yet. The government is asking what people think before it decides anything.
For unmarried couples, the big one
The headline proposal is a statutory framework of rights and protections for eligible cohabitants at the point of separation. In plain terms: if you lived together and then split up, there could one day be a proper set of rules about money and property, instead of the near-nothing that exists today.
It would be deliberately narrower than what married couples get on divorce, and the consultation is still working out exactly who would count as an eligible cohabiting couple. So the detail is not settled, which is part of why having your say matters.
Why it matters to dads, both ways
Be clear-eyed about this one, because it cuts both ways. A new framework could mean the lower-earning partner gains a financial claim when a couple separates. Sometimes that would be you, and sometimes it would be your ex. Either way, the era of “we were not married, so there are no rules” may be ending, and that is worth understanding before you make any big decisions.
The divorce side
If you were married, the consultation also proposes to:
- put the principles judges already use, like needs and sharing, into clear statute;
- make nuptial agreements binding, so a pre-nup or post-nup could actually hold;
- tidy up other areas so the law is more certain and easier to follow.
We cover how divorce finances work right now in the financial side of divorce.
What you can do
Anyone can respond to the consultation, and a calm, child-focused voice from separated dads is exactly the kind it needs to hear. You can have your say on the government’s consultation page before 14 August 2026.
And until any of this becomes law, the current rules still apply. If you are separating and were not married, do not assume you have rights you may not have. Get advice on where you actually stand.
Source
The consultation “A fairer end to relationships” was published by the Ministry of Justice on 5 June 2026 and closes on 14 August 2026. See GOV.UK: A fairer end to relationships.
Information, not legal advice. This is a consultation and the proposals may change as it goes through. Check the official source for the current position before you rely on anything here.