Under English law, there is no single fixed date for valuing assets in divorce proceedings. The court has discretion to choose an appropriate date based on fairness and the circumstances...
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The big news is that divorce rates are down! However, this is in part because fewer couples are choosing to get married in the first place. Many couples live together for many years, raise families, and share finances, and as a result they naturally assume that they have the same legal rights as married couples.
It’s an understandable belief, but it’s not the law, and the idea of a “common law marriage” still existing in England and Wales is one of the biggest myths in family law today.
What is “Common Law Marriage”?
Despite what the phrase suggests, living together does not give you automatic legal rights similar to those enjoyed by married couples or civil partners, irrespective of how long you have been living together for.
If you’re cohabiting, the law doesn’t automatically recognise your relationship when it comes to:
- Property ownership
- Pension rights
- Inheritance
- Maintenance or financial support if you separate
This can lead to real hardship when a relationship ends — especially if one partner assumed they had legal protection.
What your Legal Rights Actually Are
In England and Wales, your rights depend on legal status, not the duration or nature of your relationship:
- Married couples or civil partners have statutory rights over finances, property, and pensions if they separate.
- Unmarried, cohabiting couples don’t. The only rights you have come from property or contract law, for example, if your name is on the title deeds, or if you can prove a financial interest in a property.
How to Protect Yourself as a Cohabiting Couple
While the law doesn’t recognise common law marriage, there are practical steps you can take to protect each other:
- Cohabitation Agreement
- A written agreement setting out who owns what, how bills are shared, and what happens if you separate.
- It can prevent disputes later and give clarity from the start.
- Declarations of Trust
- If you buy a property together, this document records each person’s share of the equity.
- Make or Update Your Will
- Unmarried partners don’t automatically inherit if one dies without a will.
- Pension Nominations
- Check your pension provider allows you to nominate a partner who isn’t a spouse or civil partner.
Speak to our Cohabitation Specialists in Bath, Bristol, or Bradford-on-Avon Today
Cohabiting couples are one of the fastest-growing family types in the UK, but the law hasn’t caught up with modern reality. Until it does, understanding your position and taking proactive steps to protect yourself is vital.
If you’re living with your partner and want to understand your rights or put protections in place, it’s worth seeking specialist family law advice early on. Speak to one of our solicitors by calling 01225 448 955, or emailing us at info@sharpfamilylaw.com.
