The number of unmarried couples choosing to live together rather than tie the knot is ever increasing. Despite this, many unmarried couples do not realise they have very little financial or legal protection in relation to property and assets if their relationship comes to an end.

Unlike married couples, cohabiting couples do not automatically have legal rights and responsibilities they can enforce against one another should their relationship fail, even if they have been living together for many years. 

Is there such a thing as “common law marriage”?

In short, no! There is no such thing as “common law marriage” and no matter how long an unmarried couple have been living together, they will have no automatic financial claim or entitlement for maintenance or for a share of their partner’s assets, such as the family home, property, savings, business or pensions.

What happens when we have children and we are not married?

If the relationship breaks down and the unmarried couple has children together, important decisions need to be made regarding the living and contact arrangements for them, as well as provision of child maintenance. In certain circumstances it is possible to make an application under Schedule 1 of the Children Act 1989 for financial provision to be made available for the benefit of a child, and this would cover expenses such as housing, capital and school fees.

At Birkett Long our team of specialist family solicitors offers expert advice for unmarried couples at every stage of their relationship. 

At the start of a relationship

If you are planning on moving in with your partner, we can advise you on the legal implications of being an unmarried couple and sharing a home. We can also draft the documents you should put in place if you are planning on living together or buying a property together, including Cohabitation Agreements and Declarations of Trust. 

During or at the end of a relationship

If you are unmarried and experiencing difficulties in your relationship, or facing a dispute with your partner - often known as a cohabitee dispute - we can advise you on the legal issues that will affect your finances and property and, if you have children, the issues surrounding them. We can help you try to reach an agreement with your partner or, if necessary, make an application to the court. 

Get in touch with our family law solicitors

If you have any questions or want to find out more about the law that applies to unmarried couples and how we can help you, please get in touch with our team of specialist family lawyers.