Debunking The Myth Of Common Law Marriage
Around half of people in England and Wales believe that unmarried couples who live together for a long time receive the same legal rights as married couples under a “common law marriage” concept.
Unfortunately, this is a myth.
In England and Wales, there is no such thing as a common law marriage, a common law husband or a common law wife!
This blog post will debunk the myth and explain why understanding cohabitation law is essential for unmarried couples.
What rights do cohabiting couples have?
The law which applies to the division of assets of a divorcing couple do not apply to a cohabiting couple who are going through a separation.
Unmarried couples lack built-in legal protections, regardless of how long they've been together. This can lead to financial hardship if your relationship ends or your partner passes away:
Ending the relationship: Unmarried couples separating wouldn't receive financial support from each other, even if one partner sacrificed their career to raise children (though child support would still be required).
Death: If your partner passes away, you might face financial difficulties without the legal protections marriage provides.
Do cohabitants have occupancy rights?
For couples who rent a property together, if you are not named on the tenancy agreement, you will have no automatic right to stay in the home if your partner walks out or asks you to leave.
If your partner solely owned the home you both resided in, and there is no other agreement in place, you have no right to stay in the property if they ask you to leave.
Similarly, if you are not married or in a civil partnership, any savings, property or possessions your partner has or acquired out of their own funds will not be shared with you.
What rights do unmarried couples have with children?
Cohabiting couples who have children together are not automatically considered married in the eyes of the law. This means they don't have the same legal rights and protections as married couples, even when it comes to their children.
Unmarried fathers, for instance, may need to take additional steps to establish parental responsibility. It's important for cohabiting parents to be aware of this and discuss their expectations for finances, child-rearing, and potential separation beforehand.
Limited applications for financial and property provision can be made under the Children Act 1989, to ensure that the needs of any minor children are met upon the parties’ separation.
If you are in a cohabiting relationship and do not intend to marry, to protect yourself, you could consider entering into a contract with your partner to decide how money and property should be divided if you separate.
These are known as "Cohabitation Contracts" or "Agreements" and can be drafted by a specialist family law solicitor.
If you need assistance or advice with Cohabitation Agreements please contact our expert family lawyers in Hove, Hassocks, Horsham, and London on 01273 628808.