Cohabitation—where couples live together without being married—has steadily risen over recent decades in England and Wales. Yet, despite the growing popularity of this lifestyle, there is still no specific law recognising the rights and needs of cohabitees if the relationship comes to an end. Below, we look at the legal implications and protections for cohabiting couples, highlighting what you need to know if you find yourself in this position.

Cohabitation Law & the Breakdown of a Cohabiting Family

Myth of Common-Law Marriage
It is a widespread misconception that if you live together long enough, you automatically acquire the same legal status as a married couple. In England and Wales, the concept of “common-law marriage” simply does not exist. Sharing a home with someone, regardless of how long, does not grant you the same legal rights as marriage.

Separate Legal Framework
While cohabiting couples may have intertwined finances and shared responsibilities, the absence of a marriage certificate means that any disagreements about property often fall under trust and land law, rather than divorce law. This can lead to more complex, and sometimes less favourable, outcomes if the relationship ends or if one partner passes away.

Unmarried Couples’ Rights – Cohabitation, Separation & Child Custody

Rights Linked to Parenting
From the court’s perspective, a child’s best interests remain paramount, irrespective of whether the parents are married or unmarried. This means:

• Child Arrangements: Deciding where the child lives or how much time they spend with each parent focuses on their welfare, not marital status.
• Child Maintenance: The non-resident parent is still expected to pay child support, usually handled by the Child Maintenance Service (CMS).

Financial Provision for Children
In certain cases where one parent is especially wealthy, the court may decide to provide extra financial support to the other parent (primarily the child’s carer). However, this is quite distinct from the more extensive financial orders possible in divorce; these provisions typically end when the child becomes an adult and do not lead to substantial asset-sharing between the couple.

Cohabitation Rights UK – Financial Implications

Property Disputes
Unlike in divorce proceedings—where the law provides a framework for splitting assets—property ownership in a cohabiting setup relies on trust and land law. If both partners’ names are on the deed, each has a clear stake, but if only one partner’s name is listed, the other may find it challenging to establish an interest in the home without proof of contributions or intentions.

No Automatic Maintenance or Pension Rights
Unmarried couples are not entitled to the same spousal maintenance or pension-sharing arrangements as divorcing couples. Each partner retains their own assets, and unless there is a legal agreement (e.g., a cohabitation agreement) or clear evidence of joint ownership, the default assumption is that each party keeps what is in their name.

Child-Centred Approach
Where children are involved, the primary concern remains the child’s welfare. Parents may seek limited additional financial support if one partner is significantly better-off, but this is narrowly focused on the child’s needs and typically ends when the child reaches adulthood.

Protecting Yourself as a Cohabiting Couple

1. Cohabitation Agreement

   • A cohabitation agreement (sometimes called a “living together agreement”) can detail property ownership, contributions to household finances, and what happens if you split.
   • While not as comprehensive as marital property rights, such an agreement can safeguard both partners from disputes later.

2. Seek Early Legal Advice

   • If you are considering living with your partner or have already done so for some time, it’s crucial to understand your legal position.
   • A lawyer specialising in family law for cohabiting couples can advise on property division, child arrangements, or drafting a cohabitation agreement.

3. Consider a Declaration of Trust

   • If you plan to buy a property together, a Declaration of Trust can outline each partner’s share and protect the contributions you both make. This is particularly important if you are contributing unequal amounts.

4. Make a Will

   • Cohabiting partners do not automatically inherit each other’s estate if one partner dies without a will (under the rules of intestacy). Writing a valid will ensures your partner is adequately provided for.

How HM & Co. Solicitors Can Help

At HM & Co. Solicitors, we have extensive experience advising cohabiting couples on their rights and obligations. From drafting cohabitation agreements to helping you navigate property disputes or child arrangements, we are on hand to provide clear, empathetic, and practical legal guidance.

If you want to protect your interests, set out clear arrangements for your home and finances, or need help resolving disputes after a cohabitation breakup, please get in touch:

• Address: 186 Lower Road, Surrey Quays, London SE16 2UN
• Telephone: 02071128180
• Email: info@hmsolicitorsltd.com

Our team is here to ensure you remain confident and informed as you plan—or conclude—life as a cohabiting couple.