Common Law Marriage in the UK: The Myth and Your Legal Rights Explained

Last weekend I was at lunch with friends. The kind of long, relaxed catch-up, where conversations drift from schools, to holidays, to mortgages. The couple who were hosting have been together for over a decade. They have children, a home, and shared finances. A life that looks in every meaningful way like a marriage. At some point, the conversation turned to legal matters (inevitable, when a family lawyer is present) and one of them said quite confidently: “We are fine, we have children together – we are common law married!” They were very surprised when I told them that in England and Wales, common law marriage does not exist.

And they are far from alone.

Cohabiting Couples in the UK: What Are Your Rights?

Many couples in the UK live together without getting married or entering a civil partnership. Despite the scale of cohabitation, there remains a widespread misconception amongst the public about the legal rights of cohabitees, such relationships often being referred to as the “common law marriage myth”.

In fact, cohabiting couples have limited legal protection on separation or death compared to divorcing or widowed spouses. Understanding where you stand is crucial, particularly if the relationship breaks down or one partner dies.

The “Common Law Marriage” Myth

There is no legal concept of common law marriage in England and Wales, no matter how long a couple has lived together, whether they have children, or how financially intertwined they are. Cohabiting partners do not automatically acquire the same rights as spouses.

What Happens if a Cohabiting Relationship Ends?

When a cohabiting couple separates, the law does not provide the same framework as divorce. There is no automatic right to financial support (maintenance), a share of the other partner’s pension or a fair division of assets based on needs.

Instead, disputes between former cohabitees are dealt with under property and trust law, which focuses on previously agreed legal ownership rather than fairness and redistribution of assets or income. Child maintenance is usually assessed by the Child Maintenance Services except in limited circumstances when child maintenance can be ordered or topped up by the courts, where (e.g.) the payer lives overseas or earns more than £156,000 gross per annum.

Property Rights

If a property is owned jointly, the parties’ shares are defined by the title deeds or any separate written agreements they have between them about shares. Exceptionally, if there is no written agreement about shares, the civil courts can infer shares based on dealings between the parties, the starting presumption being that they intended to share their home equally.

If a relationship ends and one party wants their share of equity in the property, they can apply to the court for an order for sale. The court also has the power to give one party permission to purchase the other’s share, provided reliable valuation evidence is available.

If a property is owned in one partner’s sole name, the other partner has no automatic right to a share, even if they contributed financially, unless they can prove that there is an agreement to share and that they have relied on the agreement to their detriment (e.g. by contributing money to purchase or improve the property or by carrying out work to it).

The non-owner can apply to the court for a declaration that they have a share. If successful, they can ask for rectification of the title deeds to reflect their share and an order for sale.

Disputes between separating cohabitees about property are dealt with by the civil court. Unlike divorcing couples dealing with their finances, a successful former cohabitee is usually entitled to recover his/her legal costs from the other party. Litigation between former cohabitees is therefore risky, and it is important to have expert legal advice at the outset to ensure compliance with various rules and procedures governing disputes.

Finances and Assets

Savings, investments, and other assets usually belong to the person in whose name they are held. There is also no concept of “sharing” assets based on the length of the relationship or contributions to the household.

What About Children?

Having children together does not create financial rights between the adults, but it does give rise to obligations by both parents towards their children.

Under Schedule 1 of the Children Act 1989, a parent can apply for financial provision for the benefit of a child, including:

• Child maintenance (but only in the limited circumstances referred to above).
• A school fees order (but note that any ‘boarding’ element can reduce a child support assessment).
• Housing for the child while they are dependent (almost always reverting to the paying parent when the child attains majority).
• Lump sums for specific child-focussed needs, such as a car to transport a child, a sum to furnish and equip a house purchased for the benefit of a child and medical treatment not available on the NHS.

What Happens if One Partner Dies?

This is an area where cohabiting couples are particularly vulnerable. A cohabiting partner has no automatic right to inherit from their partner on death where there is no will providing for them. If there is no will, the estate will pass to a former spouse (where the couple remain married on death), the deceased’s children or other relatives, leaving the surviving partner with nothing.

After longer committed cohabiting relationships, claims can be made under the Inheritance (Provision for Family and Dependants) Act 1975 by the surviving partner against their deceased partner’s estate. Steps should be taken to ensure that a cohabiting couple’s home passes in an agreed manner, as the survivor may otherwise find themselves forced to sell or vacate or become engaged in litigation with their late partner’s relatives, causing legal expense for them and the deceased’s estate.

How Can Cohabiting Couples Protect Themselves?

While the law offers limited protection, there are practical steps couples can take:

• Entering into a Cohabitation Agreement – an agreement setting out how property, finances, and living arrangements should be dealt with if the relationship ends. This document can be tailored to your particular needs.
• Declarations of trust – an agreement to clarify shares in property on purchase or later, if circumstances change, for example, if one partner makes a substantial additional contribution to the mortgage or funds expensive renovations to the property.
• Making a will – ensuring your partner is provided for if you die.
• For non-owners contributing - Keep detailed records of financial contributions (e.g. bills, mortgage, receipts, photographs of improvements, etc.).

These steps can provide clarity, reduce disputes, and offer peace of mind.

Final Thoughts

The law offers cohabitees far fewer safeguards than married couples and civil partners. Understanding the limits of the law, being proactive and taking competent legal advice will protect you both and avoid uncertainty and dispute if circumstances change.

If you are cohabiting or considering moving in with a partner, seeking advice early can help you make informed decisions and avoid costly disputes later.

Contact our legal experts