Unmarried Couples

There is a common misconception between unmarried, cohabiting couples that there is a legal relationship known as the ‘common law husband and/or wife’. In fact, the law of England and Wales does not recognise the ‘common law spouse’. The law merely distinguishes between married couples (or those same sex couples in a registered Civil Partnership) and unmarried couples.

Why does it matter which of these two groups my relationship falls into?
The rights and responsibilities of unmarried couples are different to those of married couples.

Married Couples
On the breakdown of a marriage, both spouses automatically have an interest in the assets and income of the other and the court has a wide discretion to transfer and distribute those assets to either party as it deems fair and appropriate.

Unmarried couples, on the other hand, are not afforded those same rights.

Unmarried couples 
The rights of unmarried/cohabiting couples are largely determined with reference to the law of property and trusts. Unmarried couples have no automatic right or interest in the property, assets, pensions or income belonging to the other party. Consequently, if unmarried couples separate, one party may find themselves in a difficult financial position.

What steps can unmarried couples take to protect themselves?
Unmarried cohabiting couples may be able to help protect themselves against these possible pitfalls by:-

1. Entering into a declaration of trust
2. Discussing with a solicitor how property should be held
3. Entering into a living together agreement
4. Keeping careful written records of any significant contributions to a property
5. Making a will

If you have children…
Please see our guide to arrangements for children.

Whether you are considering living with your partner, or if you are already cohabiting or in the event of family breakdown, our family team can advise you of your rights and responsibilities which will depend on the exact circumstances of your case.

Please contact us to make an appointment or to take advantage of our free initial meeting for new clients.