Protecting the rights of unmarried couples

There has long been a myth that unmarried couples that live together enjoy the status of a ‘common law marriage,’ giving them the same legal rights as married couples. However, this is not and never has been the case.

Cohabiting couples, who live together but remain unmarried, are the fastest growing family type in the UK. For those in this position, it is important to understand that you have no automatic legal rights, unlike married couples, in the event of relationship breakdown or if one of you dies.

Even if one person has paid all the mortgage and the bills, unless the property is held in their name, they are not legally entitled to anything in the event of separation or death. Similarly, a couple may have raised children together, but without the father’s name on the birth certificate, there is no automatic parental responsibility and the children can be cut from his life. What’s more, if one of you passes away, there is no automatic legal right to inherit property or wealth you may have shared.

Basically, unmarried cohabiting couples have no automatic legal rights concerning property, children or wealth.

Legal reform

This lack of protection for cohabiting couples has been the subject of much discussion and proposed reform from family justice groups. Research from Resolution, an organisation that campaigns for improvements in family law, found that:

• 59% backed better legal protections for cohabiting people.
• 47% of cohabitees were unaware that they lack legal rights should they split up.
• 74% of cohabitees agree that ‘the current laws surrounding cohabitation are unfit for today’s modern society.’
• 75% of Resolution members surveyed said they support a change in the law to provide basic rights to cohabiting couples

Until the law is changed to protect the rights of cohabiting couples, it is important to instigate your own protections.

Protecting your rights when cohabiting

There are three main steps you can take to protect you and your partner.

These are:

Making a Cohabitation Agreement

• This is a legally binding document that sets out the financial responsibilities and duties of you both. It can be used to decide how any children, property and assets will be shared between you in the event of relationship breakdown.

Making a Declaration of Trust

• Also known as a Deed of Trust, this documents who owns any property or assets, each party’s level of financial interest and how any proceeds from the sale of assets would be divided between you, if the relationship ends.

Making a will

• Making a will can protect you both and is a way to ensure that in the event of one party’s death, the remaining party can inherit any assets from the relationship.
• If you die intestate (without making a will), only spouses, civil partners or close family relatives can inherit your assets.

If you are struggling with issues arising from separation and divorce, we offer a no obligation initial consultation for a fixed fee of £150 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at info@tisshawssolicitors.co.uk or complete the form below.