What is a common law marriage?

What is a common law partner?

A common law marriage is a concept that refers to a long-term, marriage-like relationship where the couple have lived together for a significant amount of time but without the couple having formally registered the relationship. It refers to a relationship in which the couple has not formalised their union through marriage or civil partnership.

What is a common law marriage in the UK?

In England and Wales, there is no such thing as a common law marriage. Unless you are legally married or have a registered legal partnership, there are no legal rights or obligations to each other. This includes the division of financial assets if you separate or if one of you dies, regardless of how long you have lived with a partner.

Due to this, if you are in a cohabiting relationship, it is important to be aware of your legal position in relation to assets, as this might not be what you expect. For example, if you are not registered as an owner of the property you reside in, you do not have any automatic right to a share of the equity, no matter how long you have lived there, or even if you have children together.

There are some situations where one cohabiting partner (or ex-partner) can make a claim against the other, in relation to property or on behalf of children, however there are limits to both types of claims.

How can I protect my finances and assets outside of marriage?

There are ways in which couples can protect themselves and that is by considering how their respective interest in a property will be held.

One way to protect yourself if you share a home with a partner is to agree in writing what shares each of you have. Alternatively, you could agree how to deal with assets by making a cohabitation agreement. This can set out what each party has contributed and also how these will be separated in the event of separation.

It can include things such as arrangements for how quickly either party might have to move out of the family home, whether either would have the ‘first call’ on buying out their ex-partner, and how home contents would be split.

If this is not done, then claims in relation to property can be expensive as, if parties are unable to agree, the only option is to issue legal proceedings relying on TOLATA (Trusts of Land and Appointment of Trustees Act 1996) or by relying on property law and the principles of constructive trusts and proprietary estoppel to establish that a cohabitee has an interest in a property. These processes can be quite rigid and may not result in the desired outcome.

We are here to help

The Law Commission has acknowledged that with more couples cohabitating, there should be changes to the law to protect cohabitees. However, no legislation has been put in place to protect them, so it is important, if you do live with a partner but are not married, that you consider your legal position.

No one expects their relationship to break down, but knowing where you would stand if it were to happen can help you to plan ahead – for instance, knowing what share of the house you would each be entitled to may be relevant in helping you decide what each of you will contribute towards the mortgage bills, what arrangements you will put in place if you have children etc.

Our family law experts are on hand to offer any advice you need. Contact us today.