Rewriting the Common Law Marriage Myth

The myth is underpinned by the belief that after a certain length of time, unmarried couples have a ‘common law marriage’ and gain legal rights like married couples. This is not the case, and many people do not discover this until they have erroneously relied on it for years.
At present, the following does not apply to unmarried couples:

1. an automatic right to share a partner’s assets on separation.
2. automatic inheritance rights if their partner dies without a will.
3. the inheritance tax exemption that allows married or civil partnership couples to pass assets to a surviving partner.

To this end, there are four main topics that every cohabiting couple should discuss, as uncomfortable as it may be at the time. This will avoid unnecessary conflict later on, and ensure arrangements reflect what both parties want, rather than relying on assumptions regarding their legal rights.

1. Make a Will. Unlike married couples and civil partners, cohabiting partners do not automatically inherit from each other if one dies without a will. A properly drafted and clear expression of wishes can help avoid a lot of distress at one of the most difficult times.
2. Consider a cohabitation agreement. This can set out how finances, property, and responsibilities will be dealt with, both during the relationship and if it breaks down. It helps to identify grey areas and should help avoid any later disputes.
3. Clarify property ownership. For couples buying a home together, a declaration of trust can record each person’s share of the property and avoid uncertainty later, particularly where contributions are unequal. If one person has moved into a property owned by the other, this can set out what any financial contribution to the property covers, to avoid any later disagreement.
4. Think very carefully about children and future responsibilities. This should include issues such as parental responsibility, financial support, and arrangements for children if the relationship ends. This should include any children from previous relationships, as the number of blended families is also growing.

“The government have recently conducted a consultation ending on 14^th August 2026, to consider greater protection for unmarried cohabiting couples and reforming financial remedies on divorce, which family lawyers have by and large welcomed. It has become clear that legislation needs to change to keep pace with the evolution of society, yet the current framework persists in the meantime, and so it is paramount cohabiting couples take the necessary steps to protect themselves. It can be difficult to commence these conversations and know how to navigate them, and so independent advice should be sought when necessary.”

 

Mahfara Ahmed

Solicitor