Swindon solicitors: Why local couples could now be heading for a split

Firm urges cohabiting couples to share their views on proposed law reforms before 14 August consultation deadline

10 August 2026: Autumn 2022 was a memorable time: The country was mourning the death of Queen Elizabeth II, Lewis Capaldi was at number one with ‘Forget Me’, and England fans were gearing up for the last World Cup. But for many local couples it also marks the first time they started living together – and according to official statistics, many of those relationships could now be heading for a split.

ONS figures* show that cohabitation is increasingly common and often relatively short-lived. Among adults aged 16 to 59 whose cohabiting relationship did not lead to marriage, the average first cohabitation lasts just 46 months, with more than a third of these ending within two years, while second cohabitations are shorter still, at 34 months.

For many couples, separation can give rise to complex disputes involving property, investments, pensions and inheritance, particularly where children are involved. Now with the government’s consultation ‘A fairer end to relationships’ closing on 14 August 2026, Swindon-based Gardner Leader, a leading regional law firm, is calling on local cohabiting couples to have their say on what could be one of the most significant proposed reforms to family law in England and Wales in a generation.

The proposed changes could see automatic rights for partners after just three years of cohabitation or two years where children are involved, giving family courts powers over property and pensions, along with inheritance rights.

Suzy Hamshaw, Partner in the Family team, Gardner Leader says: “These statistics demonstrate why this debate is important. With 3.5m couples in the UK choosing to live together without marriage or a civil partnership, the current legal framework to protect them on separation or death is limited. This is also more complex where children are involved, with any disputes tending to be resolved through property and trust law, not family law as with divorce.

“While some couples do choose options such as formal cohabitation agreements, declarations of trust or estate planning arrangements to outline their preferences should they split, the biggest trend I’m seeing is a lack of awareness of their current legal position. Many clients are genuinely surprised to learn that there is no such thing as a legally recognised ‘common law marriage’ in England and Wales, regardless of how long a couple has lived together. That misconception often only comes to light when relationships break down.

“Equally, some individuals consciously choose cohabitation because they wish to preserve wealth accumulated through previous relationships, inheritance, business interests or personal investment. Not every couple seeks additional legal rights and obligations, which is why a balanced debate around reform is so important. Whatever your viewpoint, we’re encouraging cohabiting couples to have their say in the consultation here before 14 August to ensure that it’s fully representative of ordinary couples’ views today, not just lawyers, academics, or other specialist organisations. 

“Following this consultation, the challenge for lawmakers is not considering whether reform is necessary but deciding how much protection should arise automatically and how much responsibility should remain with individuals to make their own legal arrangements. Any changes introduced will have significant consequences for families, property ownership, wealth preservation and succession planning across England and Wales.”

ENDS

*Latest available statistics despite the government’s consultation plans.

** Gardner Leader’s Swindon office is based in Prospect Place.

Office for National Statistics (ONS), released 31 July 2026, statistical bulletin Population estimates by marital status and living arrangements, England and Wales: 2025 show that the number of adults who have never married or entered a civil partnership has continued to rise, increasing from nearly 33% in 2015 to 35% in 2024. The biggest increases were seen in people aged 25 to 34 and 45 to 69. Overall, the figures show 62% of adults are living as part of a couple, including nearly half with a legal partner, while nearly 11% are cohabiting without a legal partnership. A further 2.2% are cohabiting after divorce, or the death of a legal partner.

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Editors notes

With offices in Newbury, Thatcham, Maidenhead, Windsor, Swindon, Oxford and London, Gardner Leader is a B Corp Certified leading regional law firm offering a wide range of legal services for businesses and individuals across the Thames Valley and south of England.

A Chambers and Partners’ leading firm in UK, last year Gardner Leader won LawNet’s ‘Business Support Team of the Year’ following its success in 2024 when it won ‘Law Firm of the Year - £6m turnover and above’ award - it was also highly commended in the ‘Best Innovation’ category. In the same year, Gardner Leader also won ‘Law Firm of the Year’ at The Royal Berkshire Property Awards and was named as the ‘Best SME’ at the Maidenhead & District Chamber of Commerce (MDCC) Community & Business Awards. In 2018 the firm won ‘Best in Business’ and ‘Best in Customer Service’ awards in the Newbury Weekly News award, and in 2016 it won the Halsbury Legal Award in Business Development. Other awards include the LawNet Excellence in Employee Engagement award (2015), Highly Commended in the Regional Conveyancing Firm of the Year category in the 2015 National Conveyancing Awards and Commended.

The firm was first founded in 1895. It has over 200 members of staff. Its team of highly experienced and friendly solicitors are all specialist, specifically dedicated to their areas of expertise. Each team is driven by what matters to the client and committed to delivering results.

Gardner Leader services to business and services to individuals include:

• Corporate (e.g., M&As, venture capital & private equity transactions, management buyouts and shareholder agreements) • Commercial (including commercial contracts, IP, IT and procurement) • Real Estate for Businesses • Life Sciences • Dispute Resolution • Employment (for individuals and businesses) • Family (such as family breakdowns and divorce and pre-nuptial agreements) • Residential Property • Wills, Probate and Estate Planning • Charity • Crime

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