Hollie Burnett, Partner at specialist family law firm Lake Legal discusses the myth of “common law marriage”.
Harrogate is known for its beautiful period homes, leafy streets and strong sense of community. Increasingly, those homes are shared by couples who choose to live together without getting married or entering into a civil partnership. In fact, there are approximately 4.5 million people cohabiting in the UK.
Whilst living together may feel no different from being married, legally the difference can be profound. One of the most common legal myths in England and Wales is the idea of the “common law marriage.” Many people believe that if they live together they automatically gain the same rights as a married couple. Unfortunately, this is not the case as there is no such thing as a “common law spouse” in English law.
What am I entitled to?
If your relationship breaks down and you are not married or in a civil partnership:
- You have no automatic right to a share of a property held in your partner’s sole name
- You have no right to receive financial support for yourself
- You have no ability to share pension assets
- There is no automatic right to inherit if your partner dies intestate
This often comes as a shock and can have devastating consequences for couples separating – particularly those who have lived together for decades, raised children together, or where one partner has given up work to care for the family.
What happens on separation?
Unlike divorcing couples, cohabitees cannot apply for financial remedies under the Matrimonial Causes Act. Financial claims between former cohabitees are limited and usually focus narrowly on property ownership relying on complicated land and trust laws to determine disputes. This is a very complex area and can be extremely expensive.
How can I protect myself?
There are practical steps you can take to reduce risk and uncertainty in the event of a separation. Cohabiting couples can enter into a Cohabitation Agreement which sets out how finances and other assets should be dealt with or a Declaration of Trust if purchasing a property together as this records the financial contributions and details what share of the property you each own and how proceeds will be divided.
If you would like any advice on cohabitation or any other area of family law, please contact us on 0113 357 1270. Alternatively, you can use the online enquiry form at www.lakelegal.co.uk.
