The Common Law Marriage Myth

In the UK cohabiting couple families grew by 29.7% between 2004 and 2014. Contrary to popular belief there is no such thing as Common Law marriage and when an unmarried cohabiting couple living in England and Wales separate they are likely to have little or no legal protection. It is possible to live with someone for decades and even to have children together, and for the main breadwinner to simply walk away without taking any responsibility for a former partner’s welfare. 47% of members of the public aged 18-34 believe that cohabiting couples have the same legal rights as their married counterparts but they do not.

Other countries such as Australia, Canada and even Scotland recognize such relationships and provide a degree of legal protection. The Law Commission published proposals in 2006 to provide some legal protection for unmarried couples but those proposals have never been implemented. The family law association Resolution has consistently campaigned for people who have been in a committed unmarried relationship to be given the right to apply for certain financial orders in the event of separation.

Although a couple will be reluctant to consider legal matters before living together it is advisable to consider the situation should they separate at some time in the future. If buying a property together they should consider specifying the exact percentage which each of them owns rather than just owning the property ‘jointly’ so as to avoid a dispute over division of sale proceeds in the event of the relationship breaking down.  The couple may also wish to enter in to a formal Cohabitation Agreement setting out their legal rights and responsibilities while living together and in the event of their separation.

Photo by jeff_golden