Unmarried couples who’ve lived together for years often believe the longevity of their relationship offers them some (or the same) rights as married couples or those in a civil partnership.
Sadly, this isn’t true in the slightest.
According to the Office for National Statistics, there are currently 3.6 million unmarried couples in the UK living together, many of whom have parental responsibilities. This makes them one of the fastest growing – if not the fastest growing – forms of family unit in the country. And given the lack of legal protection for these couples, it means that millions of people in the UK are at risk of significant financial fallout should the unthinkable happen.
If you fall into this category and are wondering what to do, St Helens Law is here to help. Our Family Law experts are home to comprehensive legal knowledge on this subject, and can guide you on the actions and processes that can help you and those you love, even if you remain unmarried. Speak to a member of the team now, or keep reading to learn more.
What are the Legal Rights of Unmarried Couples Living Together?
The most important thing to remember is this:
In England and Wales, there is no such thing as “common law marriage”, and you do not have the same legal rights as married couples.
That means if you are not married to your partner, regardless of how long you’ve been together, you do not share the same rights as married couples. The only major laws that offer some protection come into play if you have children, as the welfare of the child is prioritised at all times. For instance, unmarried mothers automatically acquire parental responsibility when they are named on the birth certificate, thereby guaranteeing their right to make key decisions about the child’s life.
For unmarried partners, things may prove very difficult if your circumstances should change…
Unmarried Couples’ Property Rights: Why the Law Fails Cohabitants
This is one of the most common points of contention when unmarried couples split. The division of property is awkward at the best of times. But when you’re unmarried, things can go south very quickly unless you have the right protections in place. Here’s what you need to know:
For married couples: Assets are divided based on needs and fairness under the Matrimonial Causes Act, as the law views them as equally responsible for the marriage’s success and debt. In other words, after the specific needs of spouses and children have been accounted for, things are split on a “fairness” basis – often 50/50 for long marriages.
For cohabiting partners: Under current laws, unlike married couples, separation is treated as a breakdown of a business arrangement, governed by strict Property Law. In simple terms, when an unmarried couple ends their relationship, the law essentially pretends they were never a romantic family unit. Instead, it treats their separation like two people dissolving a commercial partnership, which can open a can of worms in terms of complications.
For instance, should you be living with your partner, and the house is solely owned in the other partner’s name, you will have no claim to the property whatsoever if you seperate, even if you’ve been together for decades. The only defence you may have is if you’re able to prove consistent financial contributions to the property, which is the only way to establish a beneficial interest under Trust Law. This is most often found in joint bank accounts, or even separate bank accounts, as long as you can show you contributed.
The Unseen Consequences of Separation in Unmarried Relationships
Beyond the obvious, when an unmarried couple separates, they could be opening themselves up to many points of contention if they’re not able to resolve things amicably. Including:
- No Automatic Share in the Family Home: You have no legal position to stay in the home or claim a share of the equity unless your name is already on the deeds, or you can definitively prove direct financial contributions (as described above). If the house is solely in your partner’s name, you can be forced to leave with nothing.
- No Right to Maintenance Payments: Your partner has no responsibility to provide ongoing support payments. The law does not account for the years you may have sacrificed your career for the family; once child maintenance (if applicable) is dealt with, your ex-partner has no further legal duty to you.
- No Automatic Inheritance Rights: If your partner dies without a valid Will (intestate), the laws of intestacy completely bypass you. As an unmarried partner, you do not automatically inherit anything; All assets pass automatically to their next of kin (children, parents, or siblings), leaving you with zero entitlement to their savings or estate.
- Cripplingly Expensive Court Battles: To reclaim even minor financial contributions or a share of the property, you must engage in complex and expensive legal action based on Trust Law. These court battles are often lengthy, emotionally draining, and notoriously difficult to win, the costs of which could even wipe out any financial sum you end up receiving.
How Cohabiting Couples Can Avoid Unwanted Stress
Parliament may eventually catch up and grant unmarried couples a set of standards to protect them in a similar fashion to married couples, and these discussions are ongoing.
But, in the meantime, to offer yourself as much protection as possible should your relationship deteriorate, there are steps you can take – with the help of a good solicitor – that can offer clarity and peace of mind to all involved:
A Cohabitation Agreement
This is a binding contract that outlines how assets, property, debts and ongoing payments will be dealt with in the event of a separation. Think of it as a prenup for unmarried couples.
This is beneficial for numerous reasons. Firstly, it eliminates all doubt as to who owns what and who is responsible for what, which can often lead to nasty disagreements for couples with no such paperwork in place. Second, it all but eliminates the need for extensive court battles in the event of disagreements, as everything is already clearly divisible and set in stone.
Deed of Trust
This is a legal document used when an unmarried couple jointly buys a property, but makes unequal contributions to the purchase price, deposit, mortgage or renovations. Because the legal default for property purchases is 50/50 between joint tenants, the deed of trust overrides this to reflect each person’s contributions fairly.
Again, this can be hugely beneficial in the event of a separation, as it makes dividing equity much easier and clearly defines what portion of the property each person is entitled to, regardless of their feelings. It’s perfect for unmarried couples who pay differing amounts each month, or is commonly used for those who contribute differing amounts towards the initial deposit.
Take Control of Your Financial Security with a Reliable Family Law Solicitor
If you’re an unmarried couple and are concerned that any of the above could completely derail your life plans should you separate, or if you’re still in a happy relationship and want to give yourselves some added peace of mind, you should seek legal advice as soon as possible.
The experts at St Helens Law can examine your situation and produce the documents you need to enjoy the protection that’s been eluding you up until this point. With decades of combined experience among our staff, we’re able to advise the best course of action based on your specific circumstances.