Do unmarried couples have the same rights as married couples?

The law in England & Wales is clear in stating, if you are living with your partner and you are unmarried upon separation, you will 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.

There is a myth that cohabiting partners are common law husbands or wives, unfortunately   this is not the case. The foundation of this belief assumes that depending on the length of the relationship, or after having children, you become ‘common law spouses’, thus believing that you have an  entitlement in assets. This is a significant misconception.

If you are a couple that is living together but you are not married or in a civil partnership, then you are cohabitating.

With this in mind, your rights will differ from those who are married or in a civil partnership. Unfortunately, in England and Wales, cohabitating couples do not have any legal recognition.

If the relationship fails, and you were in a cohabiting relationship you cannot make a claim in:

• Income (maintenance) for your yourself
• Pension claims
• Savings and investments unless you have a beneficial interest, for example being a joint account holder
• A property  unless this is jointly owned or a  beneficial interest can be established .
• Inheritance laws, if one of you dies, the other would not inherit, unless provided for in a Will,  due to not being legally recognised as their next of kin.

Although cohabiting couples are not  legally recognised, there are steps that can be taken to protect assets in the event of separation.

In recognition to the fact that, cohabitation is the fastest growing family relationship in the UK, it may be worth considering when moving into together or if you have been cohabiting with your partner for many years, what would potentially happen if your relationship were to breakdown so that each of you are provided for.

A cohabitation agreement is a document sets out your agreed arrangements for finances, property and children while you are living together and if you were to separate. become ill or die. It will provide both of you with clarity for the duration of a relationship and after.  A pension share cannot be implemented between cohabiting couples. This can only be implemented following a divorce.

Here at Johnson Astills, one of our Family Law Solicitors can assist you in preparing a cohabitation agreement, ensuring that it is legally binding.

Please contact the Family Team at Johnson Astills today if you wish to discuss your matter further. You can call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Family Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.