What rights do unmarried couples have in the UK?

The rights of unmarried couples

If you are living with your partner, and you not married, the law (in England & Wales) is clear that you do not have the same legal rights available to a married couple upon divorce. This is the case no matter how long you have been living together.

Some unmarried couples are under the mistaken belief that they are “common law” husband and wife and therefore upon relationship breakdown, they will have the same or similar rights to a married couple upon divorce. This is a myth and there is no such thing as a “common law” spouse.

How are the rights of unmarried couples different to married couples?

In truth, unmarried couples have few legal rights in the case of a relationship breakdown, and most issues will need to be settled on ownership of assets or property. The same cannot be said of married couples upon divorce; instead, each partner would have an automatic claim to a portion of the other’s assets or property.

For unmarried couples, the current law means:

• A cohabiting partner who is not married has no right to claim a portion of their partner’s assets or property, no matter how long they have been living with each other or whether they have children together.
• An unmarried partner can’t legally claim financial maintenance if the relationship breaks down, though claims can be made for child support
• Any jointly held assets, such as property or joint bank accounts, will be divided accordingly. Both sides have legal right, though what share each partner may be owed can differ; for example, if only one partner paid into or used the money in a joint bank account, a court may decide the other partner is not entitled continued access.
• Unmarried couples do not automatically inherit anything if their partner passes away without a will, though they can apply to the estate for financial provision.

Entering into a cohabitation agreement can seek to eliminate one party’s potential claim against real estate. It can also regulate how the couple will conduct their finances both during the relationship and in the event of a breakup.

How can unmarried couples protect themselves in the event of separation?

All this apparent unfairness can be largely resolved by some forward planning. If you choose not to get married, but you want to protect you and/or your partner, there are some steps you may be able to take to achieve this.

You should first consider the following:

• If one of you is putting more money into the purchase of a property, then make sure you tick the correct box on the TR1 form to indicate that you hold the property as tenants in common in unequal shares. You should then have a declaration of trust setting out what those shares are.
• If you can afford to buy a property without any input from a third party, then consider holding the property in your sole name and enter into a cohabitation agreement so that a cohabitee cannot claim an interest later on (usually when the relationship ends).
• Make a will setting out who will benefit from your estate upon your death – remember, cohabitees don’t automatically inherit anything from their partner as a spouse would unless they are named in a valid will.
• Speak to your pension provider to see if you can nominate your cohabitee to receive benefits upon your death.
• If you don’t want to be left with all the debt, don’t have the debt in your sole name when you borrow the money in the first place. Either both be on the credit card (which can cause problems if one uses it more than the other party) or both be on the loan. But remember that you are likely to be jointly and severally liable for the debt, so if your other half doesn’t pay their share the creditor will come after you for it. The same rules apply for a mortgage too.

HM Government is presently considering whether to give greater rights to unmarried couples upon separation. However, there is no guarantee, so in the meantime it is best for individuals to seek legal advice to determine how they can protect their legal position upon separation.

How we can help

While some may consider the law on the rights of unmarried couples to be harsh, others will say it does provide a certain degree of clarity. In short, you’re either married or you’re not.

Marriage is a contract and with that comes the benefits and liabilities of a contract – for richer or for poorer, you go with the rough and the smooth. If you chose not to enter the contract of marriage, why should you get any benefit from it? If you’re not married, you won’t be liable for any of the downside (provided you’re not named on any of the liabilities).

Fortunately, marriage isn’t the only type of legal contract that can help protect you or give you certain rights in the case of a relationship breakdown. Whether you are looking for advice on drawing up a cohabitation agreement, a declaration of trust, or on how to settle cohabitation disputes, our leading cohabitation solicitors have the expertise you need.

Call us now on 0330 041 5869 or contact us online today to arrange a call back at a time that suits you.

All the above information was correct at the time of publication.