Common law husband and wife - true or false?

Is it true that after 7 years of living together you become ‘common law husband and wife?

It’s not true. This is a myth (and so is the suggestion that it happens after 6 months, 2 years, or at all). We are often asked this question by partners who live together without getting married and want to know if they have acquired any financial rights or responsibilities in respect of their ‘other half’.  

The simple answer is there are none. Of course, people remain financially responsible for any children they have, and also couples will sometimes decide the financial interest each of them have in the house that they own. Apart from that, there’s no legal right to claim against an unmarried partner’s assets, income or pension. 

It is possible to sign a contract regulating financial issues.  

This is sometimes known as a ‘cohabitation agreement’ and is something upon which we can advise. The government has also sometimes considered whether to grant financial rights and responsibilities to couples who live together rather than getting married but have never passed any law which would make that happen. Therefore, for the time being, at least, the only way of assuming financial responsibilities towards your partner, or acquiring them against your partner, is by getting married.  

For a no-obligation chat about how we can help you, I can be contacted on 01206 217320 or philip.hoddell@birkettlong.co.uk. 

 
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.