Vyonne Manuel, Family Solicitor at HRJ Foreman Laws Solicitors busts some myths about ‘common law marriage’ and provides advice for couples who are living together.

What is a common law marriage and is it legally binding in England and Wales?

Contrary to popular belief, there is no such thing as a common law marriage in the United Kingdom, irrespective of the length of the relationship.

Whilst cohabiting couples continue to be the fastest growing family group in the United Kingdom, with the Office for National Statistics findings showing an increase of 25.8% from 2008 to 2018, cohabiting couples are not afforded the same rights as married couples or couples who have entered a civil partnership. It is therefore quite possible that a person could be left with no financial provisions following a lengthy period of cohabitation.

What rights do unmarried couples have?

1. Property – claims for the division of jointly owned property or property owned by one party can be brought under the Trust of Land and Appointment of Trustees Act 1996 (TOLATA) in accordance with the Civil Procedural Rules. These claims do not fall under family law principles which means that cohabiting couples are not afford the same protections and rights as married couples. Therefore, the considerations afforded to married couples, specifically the conditions listed under Section 25 of the Matrimonial Causes Act 1973 do not apply to cohabiting couples.
2. A home for the children of the family – an application to the courts can be made under Schedule 1 of the Children’s Act 1989 on behalf of the children for a property transfer or lump sum payment for the children’s benefit.
3. Claims for child maintenance – the Child Maintenance Service can assist with calculating the amount of maintenance the non-resident parent should pay. If the non-resident parent earns over £156,000 gross per annum, a separate application can be made under Schedule 1 of the Children Act 1989 for top-up maintenance.

What can I do to protect myself?

1. Get a cohabitation agreement prepared which can be done before or whilst cohabiting.
2. Declaration of trust – sets out how much each party has contributed towards the purchase of a property. Should the parties separate, the declaration of trust ensures each party gets back a fair proportion from the proceeds of sale.
3. A Will safeguards the parties’ interest and ensures that each party is provided for in the unfortunate event of one party’s death.

HRJ Foreman Laws Solicitors can provide specialist advice to unmarried couples facing uncertainty following separation. We also provide specialist advice to couples considering cohabitation who seek to take protective steps to preserve their legal position by obtaining a cohabitation agreement. Contact us for a no obligation consultation which will leave you with a clear and practical way of moving forward.

Email info@hrjforemanlaws.co.uk or call Hitchin 01462 458711, Welwyn Garden City 01707 887700, London 0203 3279001

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