Cohabitation misunderstandings
Is there such a thing as 'common law marriage'?
In short, no. Common law marriage doesn't exist in England and Wales. A couple who are living together in a stable, intimate relationship are sometimes referred to as being in a "common law marriage", but this label is misleading because (in contrast to married couples and civil partners) cohabitation confers no such legal status to a couple from which legal rights flow.Surveys regularly reveal, however, that a large percentage of people (including those who live together outside marriage) continue to believe – mistakenly - that if two people live together for a period of time then the law will treat them in the same way as married or civil partnered couples, particularly on separation. This is often referred to as 'the myth of common law marriage'.
The reality is that unmarried couples have no statutory rights to make financial claims against each other on relationship breakdown (save for some provision on behalf of their children). Case law going back decades is littered with examples of cohabitants discovering at the end of a lengthy relationship that they have no right to support from their former partner or (where they do not legally co-own the property) any right to a share in the home in which they lived together.
However, this may well change in the years ahead. See 'Are there any proposals for new cohabitation laws?'
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
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Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce. Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.
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