Living together without getting married is a common choice for many couples. However, it’s essential to understand the legal differences between cohabiting and being married. Unlike married couples, unmarried partners don’t have the same legal protections if the relationship ends or one partner passes away.
In this guide, Joshua Coombe, Partner and Family Law Solicitor at Tees, outlines the key legal rights of unmarried couples and how to protect yourself.
What does cohabiting mean?
Cohabiting refers to couples living together without being married or in a civil partnership. While it’s a popular choice, cohabiting couples have fewer legal rights than their married counterparts.
A cohabitation agreement can be a practical step to clarify finances, property rights, and responsibilities in case the relationship ends.
Common law marriage: Myth or reality?
The idea of common law marriage is a widespread misconception. In the UK, common law marriage has not existed since 1753. No matter how long you live together, you won’t acquire the legal rights of a married couple.
Financial rights of unmarried couples
Unmarried couples have no legal financial responsibility towards each other if they separate. Unlike divorce, there is no entitlement to spousal support. However, parents have a financial responsibility for their children, which can be enforced through the Child Maintenance Service.
Parental rights for unmarried parents
- Mothers automatically have parental responsibility.
- Fathers only have parental responsibility if they are named on the birth certificate or are married to the mother.
- Joint registration at birth provides legal rights and responsibilities for both parents.
Property rights for unmarried couples
If a couple breaks up, property ownership is typically determined by whose name is on the title deeds or lease. If one partner contributed financially without being named, they may have a claim under trust law, but this can be legally complex.
A declaration of trust can help avoid disputes by clearly defining ownership rights.
Inheritance rights for unmarried couples
Unmarried couples have no automatic inheritance rights if a partner dies without a will. The deceased’s estate will be distributed according to intestacy laws, which do not recognize unmarried partners.
However, under the Inheritance (Provision for Family and Dependants) Act 1975, a surviving partner may be able to make a claim if they were financially dependent on the deceased.
How to protect yourself as an unmarried couple
To safeguard your interests, consider the following steps:
- Cohabitation agreement: Clearly set out financial responsibilities and property ownership.
- Make a will: Ensure your partner is provided for in the event of your death.
- Life insurance: Provide financial support for your partner if you pass away.
- Pension review: Check that your pension can be passed to your partner.
- Tax advice: Unmarried couples do not benefit from the same tax exemptions as married couples. Specialist advice can help you manage this.
Legal reform and the future for cohabiting couples
In August 2022, the House of Commons Women and Equalities Committee recommended significant legal reforms to improve protections for cohabiting couples. While the Government rejected most proposals, the campaign for change continues.
Until reforms are implemented, seeking legal advice and planning for the future is essential for cohabiting couples.
Need legal advice? At Tees, we offer expert advice on cohabitation agreements, wills, property disputes, and parental rights. Contact us today to ensure your rights are protected.
