Does Common Law Marriage Exist in the UK? What You Need to Know

No. Common law marriage does not exist in England and Wales: however long you live together, it does not give you the rights of a married couple.

Common law marriage is a concept that refers to a marriage-like relationship between two people who live together for a certain period of time but without actually getting married or registering their partnership formally. This type of arrangement is recognised in some countries but not in the UK.

In this article, we will explore what this means for couples who choose to live together without getting married.

The exact definition of common law marriage can vary depending on the country or state in which it is recognised, but in general, it refers to a relationship in which the couple has not formalised their union through marriage or civil partnership.

In some countries, common law marriage is recognised as a legal status that provides certain rights and protections to the couple. For example, in the United States, common law marriage is recognised in some states, and couples who meet certain criteria can enjoy many of the same legal benefits as married couples.

“Common law partner” is an everyday term for someone you live with as a couple without being married or in a civil partnership. You may also hear it called a common law relationship, or a common law wife or husband. The term has no legal status in England and Wales. Being someone’s common law partner does not give you the rights of a spouse or civil partner, however long you have lived together and whether or not you have children. The sections below explain what that means and how cohabiting couples can protect themselves.

The law here in the UK means that even if a couple have lived together for many years, they do not have the same legal rights and protections as a married couple. Many people think we do have this system, but when it comes to dividing finances, parental rights and even inheritance rights, the law in the UK largely fails to offer protection if there is a split between a cohabiting but unmarried, couple.

Since 2006, laws in Scotland have differed slightly from the rest of the UK. Points that differ in Scotland include:

• Ownership of household goods bought when the couple lived together will be ruled jointly owned, and their share split equally.
• Financial provisions for decisions made by the couple during the relationship, such as one partner taking time away from their career for childcare.
• Protections for surviving partners regarding estates, allowing a cohabiting partner protection if there is a death without a will.

It is always best to speak with your solicitor to establish the law in your area.

There can be significant implications for couples living together without getting married. Some of the key areas where unmarried couples are impacted include:

• Inheritance rights
• Pension rights
• Property rights
• Parental rights
• Tax breaks and benefits

Couples who choose to live together without getting married do not have the same legal rights and protections as married or civil-partnered couples. However, there are steps that couples can take to protect themselves and their assets. By taking these steps, couples can ensure that they are prepared for any eventuality and that their rights and interests are protected. Some of these steps include:

A cohabitation agreement can be drawn up to establish the couple's rights and responsibilities towards each other in the event of separation. It covers finances, property and what will happen to your children if you were to split or if either partner was to become ill or pass away. Cohabitation agreements are popular with unmarried couples living together, as they cover all aspects of joint life and the complexities a split can have on this and offer protection for both parties and their assets. Cohabitation agreements can go as far as providing protections similar to marriage, such as providing equal shares of assets or access to pensions.

Without being married, or in a civil partnership, a surviving partner may not automatically inherit their partner's assets if they die without leaving a will. So, couples should each make a will to ensure that their assets are distributed according to their wishes in the event of their death. Having a will offers you the chance to address what you would like to happen when you are no longer here, and as well as providing protection for unmarried couples, it can also be beneficial to all other friends and family too.

Many couples assume that something they have done gives them the rights of a married couple. In England and Wales, none of the following does:

• Living together for a long time, even decades.
• Having children together.
• Sharing a surname, a bank account or bills.
• Being named together on the council tax or the tenancy.

These things can matter as evidence in some claims, but they do not create a marriage. Only getting married or registering a civil partnership does that.

When a married couple divorce, the court can divide property based on what is fair. When unmarried couples separate, there is no such power. The question is who owns the home, and in what shares, which is decided by property and trust law.

If the home is in joint names, the starting point is usually what the title and any declaration of trust say. If it is in one partner’s name only, the other partner may still have a share, but only if they can show it was intended they would, usually through what was said and done, such as contributions to the purchase price. These claims are made under the Trusts of Land and Appointment of Trustees Act 1996 and can be complex. Our page on cohabitation and separation for unmarried couples explains how we help.

Both parents have a legal duty to support their children, whether or not they were married. Child maintenance can be agreed between you or arranged through the Child Maintenance Service. In some cases, a claim can also be made for a child under Schedule 1 of the Children Act 1989, for example for housing or a lump sum.

An unmarried father has parental responsibility if he is named on the birth certificate for a birth registered from 1 December 2003, or through a parental responsibility agreement or court order. Without parental responsibility he cannot make important decisions about the child.

An unmarried partner does not inherit automatically if there is no will, however long you lived together. If you lived together as a couple for at least two years immediately before your partner died, you may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975, but a claim takes time and is not guaranteed. A will is the simplest protection. You can read more about making a will and about Inheritance Act claims.

Whether you are moving in together, buying a home or separating, our family team can explain where you stand and how to protect yourself. Our family solicitors are members of Resolution, and the firm holds the Law Society’s Family Law accreditation. Call us to talk it through.