Cohabitation is now the fastest-growing family type in the UK, but the law has not kept pace with the realities of modern relationships. Let’s explore some of the most common misconceptions surrounding the idea of a “common-law husband or wife”.
Myth: Living together for a certain number of years makes you a “common-law husband or wife”, with rights similar to those of married couples.
Fact: Common-law marriage does not exist in England and Wales. Simply living together, no matter how long you have been in a relationship, does not give you the same legal rights as married couples.
Myth: Cohabiting couples have legal entitlements similar to those of married couples.
Fact: This is not the case. There is no specific legal protection for cohabiting couples, regardless of how long they have been together. However, if you own property together, there is a legal framework under civil law that can protect your position. This framework applies specifically to property ownership and treats your relationship no differently from co-owning property with a friend, relative or another person.
Myth: I will automatically inherit my partner’s estate if they pass away.
Fact: If you are unmarried, you do not automatically inherit your partner’s estate if they die without a will. To help ensure that your partner inherits your assets in accordance with your wishes, it is important to have a valid will in place.
Myth: If we separate, I will be entitled to spousal maintenance.
Fact: Unmarried couples have no automatic legal right to spousal maintenance following separation, regardless of the length of the relationship.
One way to help safeguard your position is to enter into a cohabitation agreement, a declaration of trust, or both. These legal documents can help clarify your rights and responsibilities and provide greater certainty and security for both partners.
Get in touch with us today for tailored advice on your individual circumstances and to discuss the measures you can put in place to help protect your future.
If you would like advice about your own situation, please call us on 01235 425500 or get in touch online. Our specialist family law team will be happy to help.
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