Living Together, Not Married: Know your rights without a ring?

The rights of unmarried couples

A common law partner or common law marriage are terms often used to describe a couple that live together and are in a long-term relationship. Despite popular belief, the terms common law partner or common law marriage are not legally recognised, and the law treats unmarried couples as separate individuals rather than a couple on separation. So, where does this leave unmarried couples who are going through separation? 

Unmarried couples have significantly fewer automatic rights than married couples or civil partners on separation. This can leave individuals in a vulnerable position in respect of property and finances. 

Unmarried couples that live together are often referred to as cohabitees, therefore if one partner solely owns the property, the other partner does not automatically have any rights to a share in that property. This can often be challenging for couples that have been in a relationship for a significant period of time. There are some exceptions, such as a significant financial contribution towards work on the property, so if the person that does not own the property believes that they have a financial interest in the property, they should obtain independent legal advice. 

Similar rules apply to claims for maintenance payments on separation. Unmarried partners do not have any rights to maintenance payments on separation. There is, however, of course scope for child maintenance payments if there are any children of the family.

How can I protect myself?

If cohabitation is on the cards, aside from getting married or entering a civil partnership, a Cohabitation Agreement can be prepared for both parties to sign, which can detail what will happen to any assets in the event of separation. This allows partners to protect and define their share of the property, and can also cover the following: – 

• Payment of household bills to include mortgage payments, rent payments, utilities and deposits on the home. 
• Bank accounts, money and debts.
• Pets
• Assets such as vehicles and other property. 

If you would like advice on any of the issues raised in this article, please contact Chloe Judge, a paralegal in our Family Law Department to arrange an appointment with one of our specialist solicitors on 01869 222329, or by email at cjudge@se-solicitors.co.uk.