What could new rights for unmarried couples mean for your money?
What could new rights for unmarried couples mean for your money?
What could new rights for unmarried - Amelia's life took a dramatic turn when her fiancé, Simon, passed away unexpectedly in his early twenties—just months before their wedding. She never anticipated the financial and legal challenges that would follow. "I lost him," she explains, "and then I lost everything we'd ever built together." The couple had shared a seven-year relationship and co-owned a business, but Simon's death without a will left Amelia in a difficult position. His parents inherited most of his assets, except for the shared home, which they could not claim. Amelia found herself battling his family for her share of the wedding savings she had moved into Simon's account, a fight that cost her nearly £10,000 in legal fees.
"It felt like he was being ripped away from me again, every time something else was taken," she says.
Simon's parents retained his car, phone, pension, and personal belongings like his clothes, CDs, and aftershave, as permitted by the law. Amelia struggled to reclaim her portion of the savings, describing the process of surrendering their bedroom artwork and the shirt she wore to his funeral as "ridiculously hard." Despite keeping the house through joint tenancy, she now shoulders half the mortgage payments, a burden she hadn’t expected.
The Proposed Legal Shift
Last month, the Ministry of Justice initiated a 10-week consultation on reforms that could alter the legal standing of unmarried couples in England and Wales. The plan suggests granting partners inheritance rights in specific scenarios, similar to married couples. If implemented, this change would allow surviving partners to claim assets without relying on the Inheritance Act, which is often seen as costly and slow.
Currently, cohabiting couples lack clear legal protections if they separate or one dies without a will. Alastair Sinclair, a family lawyer, notes that many people mistakenly believe in "common-law marriage" as a guarantee. In reality, the existing system only provides inheritance rights to partners under the Inheritance Act, which depends on factors like financial needs and the size of the estate.
Why the Change Matters
Campaign groups argue the reforms could help individuals in abusive relationships or those who lose their partners suddenly. For instance, a widow who lost her partner to cancer in 2024 spent tens of thousands on legal fees to secure a small share of his estate. She described the process as emotionally draining during her grieving period.
However, some question the necessity of the new system, as marriage and civil partnerships already offer comprehensive legal benefits. Others wonder about opt-out options. The government claims the changes reflect modern living habits, noting that many couples delay marriage or choose not to tie the knot at all. Intestacy rules currently prioritize children and parents over unmarried partners, leaving them vulnerable to losing assets in the absence of a will.
These proposals mark a significant shift, potentially simplifying inheritance for unmarried couples while aligning legal frameworks with contemporary relationships. The outcome of the consultation will determine whether this change becomes law, reshaping financial security for thousands.