Common Law Marriage in the UK: The Truth About Cohabiting Couples

Common Law Marriage Has Never Existed in English Law

This is one of the most dangerous myths in English family law. Millions of people in England and Wales believe that living together for a period of time, often cited as two years, gives them the same legal rights as married couples. It does not. Common law marriage has never been recognised in English law. There is no length of cohabitation, no shared home, no shared bank account, and no number of children that changes this.

The consequences of this myth are severe. When a cohabiting relationship ends, the couple has almost none of the financial protections that divorcing spouses have. The division of property is governed by property and trust law, not family law. There is no spousal maintenance. There is no right to share in the other person's pension. The house belongs to whoever owns it legally.

What Rights Cohabiting Couples Actually Have

Cohabiting couples have limited rights compared to married couples. In relation to property, only what is owned jointly or what can be established through a beneficial interest claim under trust law can be claimed. In relation to finances, there is no spousal maintenance and no right to share in the other's pension. In relation to inheritance, there is no automatic right to inherit if the partner dies without a will. In relation to children, the rules are identical to married couples: parental responsibility, child arrangements orders, and child maintenance all apply regardless of marital status.

If you are cohabiting and own a home together, a cohabitation agreement is one of the most important documents you will ever sign. It sets out what happens to the property if the relationship ends, before emotions make that conversation impossible.

Beneficial Interest Claims

If you have contributed to the purchase or improvement of a property owned in the other person's name, you may have a beneficial interest under trust law. To establish this you need evidence of a common intention that you would have a share in the property, and evidence that you acted to your detriment in reliance on that intention. Common examples are contributing to the deposit, paying the mortgage, or carrying out significant improvements.

These claims are litigated in the civil courts, not the family court, and can be expensive and uncertain. Establishing them requires legal expertise and evidence.

Children of Unmarried Parents

The position for children is entirely separate from the financial position of the parents. If you separate from a cohabiting partner with children, the same rules apply as for married parents: child arrangements orders govern where the child lives and time spent with each parent, and the Child Maintenance Service or a court order governs child maintenance. The children's rights are not affected by their parents' marital status.

Protecting Yourself

If you are cohabiting or about to move in with a partner, consider: putting the property in joint names with a declaration of trust recording each person's share, making a will, taking out life insurance in trust for the partner, and entering into a cohabitation agreement. These steps take time and cost money upfront. They cost significantly more later, when a relationship has broken down and the legal position has to be resolved through litigation.