The Cohabitation Rights Bill: what it is and where it stands

The Cohabitation Rights Bill [HL] is a private member's bill introduced in the House of Lords on 5 June 2026 by Lord Marks of Henley-on-Thames. It had its second reading on 17 July 2026. Its committee stage has no date yet: the bill's page, last updated 9 September 2026, says "Date to be announced" (UK Parliament; House of Lords Library).

It is not law, and it is not the government's bill. A private member's bill is proposed by an individual member of Parliament, not by the government (UK Parliament, how laws are made).

Who it would cover

As introduced, the bill would apply to two people who live together as a couple, are not married to or in a civil partnership with each other, and are not closely related. They would also need to meet one of these (the bill, clause 2):

• they have lived together as a couple for a continuous period of three years or more, ignoring breaks of up to six months in all; or
• they have a child together, including one on the way when they separate, or a court order about where a child lives or spends time with both of them.

What it would do

The bill would let a former cohabitant ask a court for a financial settlement order (the bill; House of Lords Library). The court's job would be to put right two kinds of unfairness:

• a retained benefit: a financial gain one partner keeps because of the other's contributions;
• an economic disadvantage: a loss one partner carries because of the relationship.

A claim would normally have to be made within two years of separating. The bill would not create ongoing maintenance between the partners, though a lump sum could be paid in instalments (HL Deb, 17 July 2026, second reading).

It would also:

• give a surviving cohabitant rights under the intestacy rules, including as to the home, when a partner dies without a will;
• let a cohabitant register their partner's death;
• give each partner an insurable interest in the other's life (the bill, Part 3).

The opt-out in the bill

A couple could agree that no financial settlement order would be available, either completely or only for parts of their finances. As introduced, the opt-out agreement would have to be in writing, signed, dated and witnessed. Each partner would need separate legal advice from a qualified practitioner, with a certificate from that practitioner, and a statement that they understand its effect. It could be made only after the law came into force (the bill, clause 12).

So, as with the government's proposals, an agreement made today would not count as an opt-out under this bill.

Where the government stands

At second reading, the Justice Minister, Baroness Levitt, said the government shares the view that reform is "important and pressing". She also said it "cannot support the Bill", for four reasons (HL Deb, 17 July 2026, via UK Parliament):

1. Its own consultation was under way, and legislating first would pre-empt it.
2. It prefers a needs-based approach to the bill's compensation-based one, saying needs better protect children and people whose needs do not come from the relationship, such as serious illness.
3. It wants cohabitation and divorce law reformed together.
4. The bill's inheritance rights would reach more people than the government is considering.

The government has committed to legislating "when parliamentary time allows", after considering the consultation's results (consultation document).

How it compares with the government's proposals

The two have a lot in common. Both:

• use three years together, or a child, as the threshold;
• require a claim within two years of separating;
• allow a formal opt-out with legal advice (consultation document, Part 2; the bill).

The main difference is the test a court would apply (the bill; consultation document, Part 2):

• The bill looks at what the relationship gained or cost each partner.
• The government's proposal starts from each person keeping what they own, departs from that only to meet defined needs, and would allow time-limited maintenance in exceptional cases.

It has been tried before

Lord Marks has introduced a bill of the same name on six previous occasions, from the 2013–14 session to 2019–21. None became law, and the Law Commission's 2007 recommendations it follows were not implemented (House of Lords Library; Law Commission, Cohabitation: The Financial Consequences of Relationship Breakdown). What is different this time is that the government is consulting on reform of its own.

What it means for you today

Nothing has changed yet. Living together does not create a "common law marriage", and the current rules on property, children and inheritance still apply (GOV.UK). Our page Cohabitation law reform explains them, and lists what you can do now.

This post explains a bill in general terms. It is not legal advice.

Free to read: The Bearing, The Atlas and The Routes.