Expert regional law firm Tees has this month hosted a series of ‘Coffee & Consultation’ events, bringing together lawyers, financial advisers, therapists, mediators and academics from across the region to examine the Government’s ongoing consultation, A Fairer End to Relationships, which considers reform of the legal rights of cohabiting couples in England and Wales and reform of financial remedies on divorce.
What is the consultation?
The consultation, which opened on 5 June 2026 and ends on 14 August 2026, is the first real opportunity in almost two decades to address the gap that affects around 3.5 million unmarried couples now living together in England and Wales – many of whom still wrongly believe that “common law marriage” gives them legal protection. Lord Marks of Henley-on-Thames introduced a parallel Cohabitation Rights Bill in the House of Lords on 5 June 2026, which had its second reading on 17 July 2026.
Events were held across Tees’ offices in Cambridge, Bishop’s Stortford and Chelmsford. All discussions were held under the Chatham House Rule.
Sally Powell, Partner and Head of Family Team at Tees, said:
“We wanted to get ahead of this consultation, not just respond to it. Bringing different professionals into the same room meant we could pressure-test the Government’s proposals from every angle that actually affects our clients – and make sure more people understand what’s on the table before the consultation closes.”
Key themes discussed around the cohabitation law reform
The strongest theme to emerge, however, was the need for public education. Attendees agreed that the persistent myth of “common law marriage” remains deeply entrenched, and there was limited confidence that the Government’s own proposals for public awareness would be sufficient to close that gap.
On cohabitation reform, the sense in the room was overwhelmingly that a new law is needed – covering claims made both during a couple’s lifetime and after death. There was debate over whether a qualifying time frame is fair, particular for younger people or those in vulnerable circumstances, and concern that requiring individuals to opt out of cohabitation rights may not go far enough to protect those who need it.
On financial remedies on divorce, attendees felt the proposals had been rushed and there was little appetite for full codification. The clearest support was for making pre- and post-nuptial agreements legally binding, tempered by concern about how rigidly the requirements for a qualifying agreement might be applied in practice.
Joshua Coombe, Partner and Head of Tees’ Cross-Disciplinary Cohabitation Group, said:
“A new law for cohabiting couples is clearly overdue – but the priority should be a considered evolution of the existing framework, not a rushed, wholesale rewrite.”
MP support for law reform
Marie Goldman, Liberal Democrat MP for Chelmsford, was unable to attend but sent a statement in support:
“I am supportive of reform in this area, as is my Party, the Liberal Democrats. It has been a manifesto commitment of ours to extend limited legal rights to cohabiting couples, to give them greater protection in the event of separation or bereavement, which is what Lord Marks’ Private Member’s Bill has sought to do. I’m glad the Government is now consulting on this matter.
I particularly welcome the Government’s recognition in their consultation about the acute impact the current legal landscape has on women and vulnerable people, particularly victims of domestic abuse….”
Consultation feedback
Tees’ is encouraging fellow professionals, clients and members of the public to read the consultation and submit a response before it closes on 14 August 2026. Millions of cohabiting couples are living with real uncertainty about what would happen to their home, their finances or their family if their relationship ended. They deserve to understand what is being proposed and to have their voices heard.
Tees will be drawing on the discussions from these sessions as it prepares its own response and plans to continue convening cross-sector discussions as the reform process progresses.
