The number of married couples in the UK has been on a steady decline since 1970, according to the Office for National Statistics. With more couples choosing to cohabit rather than marry, it's important to be aware of your rights in the event of a relationship breakdown, particularly if you shared assets, property or have children together.
Rights in Marriage
Being married or in a civil partnership affords particular legal rights to couples. This relationship must be formally ended by a divorce, during which, parties are entitled to make financial claims, spousal maintenance, rights to the marital home and to a partner’s pension.
You can read more about what to expect during the divorce process in our blog here or if you’d like to discuss further with one of our family lawyers, contact us here.
Common Law Marriage
When couples live together but are not married or in a civil partnership, it is referred to as cohabitation.The term ‘common law marriage’ is used by some couples to imply that they have certain legal rights due to their relationship, but this is a misconception and is not legally recognised.
Regardless of the length of the relationship or cohabitation period, unmarried couples do not have the same rights as married couples. This means that upon separation, couples cannot pursue the divorce route in the same way a married couple can.
Financial Claims and Property
Unlike married couples, cohabiting couples do not benefit from the following:
Rights to a partner’s property or assets on separation
Claims for spousal maintenance or a partner’s pension
Rights to their property upon death if a partner passed away without a will
A fair share of joint assets, regardless of each party’s contribution
This can cause difficulties if one partner is a stay-at-home parent, or where one individual brings the sole household income. Additionally, if the sole home-owner asks a partner to leave a property, unmarried couples have no rights to remain.
Child Arrangements
Child arrangements and rights to child maintenance remain the same whether the parents are married or unmarried. This means that although an unmarried partner cannot seek spousal maintenance, they can make a financial claim on behalf of a child.
For significant decisions relating to the child, such as living arrangements, it is relevant whether the parents have Parental Responsibility. Mothers automatically acquire Parental Respnsibility but this is not always the case for fathers. You can read more about Parental Responsibility here.
Protection of Cohabiting Couples
There has been increased pressure towards better legal protection for cohabiting couples but no legal reform as of yet. Until changes are introduced, couples may want to seek protection for peace of mind in the event of a relationship breakdown.
Couples who wish to remain unmarried can enter into a Cohabitaion Agreement, a legal document outlining what will happen to share property, finances and other assets upon separation. If you would like to discuss this with one of our family lawyers, get in touch today.
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