Living together without marrying has become increasingly common, with cohabiting couples now the fastest-growing household type in the UK. Many couples simply choose to delay or forgo marriage altogether. However, despite becoming the norm for many, the legal system has yet to catch up, leaving cohabiting partners with far fewer rights and protections than married couples.

Changing Attitudes
Social, cultural, and economic shifts have prompted many to question the traditional path of marriage. Evolving attitudes have made cohabitation an accepted lifestyle choice, whether as a prelude to marriage or as a permanent alternative.

A Precursor—or Alternative—to Marriage
For some couples, cohabitation is a temporary step before marriage, allowing them to test compatibility or wait until they’re ready for a wedding. For others, it’s a deliberate choice that bypasses the formalities and expenses of marriage altogether.

Rising Divorce Rates
Concerns about divorce have also played a role in cohabitation’s popularity. Some people who have previously been divorced prefer cohabiting over the prospect of remarrying.

A common misconception is that if you live with your partner for a certain number of years, you become “common law” spouses with the same rights as married couples. In England and Wales, there is no such thing as a common law marriage. No matter how long you’ve lived together—or whether you have children—unmarried partners have limited legal protections if their relationship ends.

Limited Legal Duties
Married couples have clear legal rights governing property, finances, and responsibilities during and after marriage. In contrast, cohabiting couples:

• Have no entitlement to maintenance
• Cannot automatically inherit each other’s property without a will
• Do not have a right to a share of assets (such as the family home), unless they can prove ownership through other means

Children
When unmarried parents separate, the courts do not treat them differently from married parents when deciding child arrangements. Child maintenance must still be paid, and the child’s best interests remain the priority. However, unmarried fathers only gain parental responsibility automatically if they are named on the birth certificate or through other legal measures.

Without the legal framework of marriage, a relationship breakdown can be complicated—especially if one partner is financially dependent or if one owns a property outright. You might find that:

• You have no claim on your partner’s assets, even if you contributed to them
• There is no automatic right to maintenance to help you cope financially if you separate
• You have fewer inheritance rights, leaving you vulnerable if your partner dies without a will

Cohabitation Agreement
A cohabitation agreement (sometimes called a “living together agreement”) is a legally recognised contract between unmarried partners. It can set out arrangements for finances, property ownership, personal belongings, and other assets if the relationship ends. This agreement:

• Offers financial protection for both partners
• Defines who owns what and in what proportions
• Sets provisions for children
• Reduces the risk of disputes

Declaration of Trust
This legal document specifically addresses property ownership. It details how you and your partner share the property and sets out what should happen if it’s sold later on.

Make a Will
Unmarried partners are not automatically entitled to inherit from each other if one dies without a will. Writing a will helps ensure your partner is taken care of, alongside any children or other family members.

The law treats children of cohabiting and married couples the same when deciding who they will live with after separation, or how much time they’ll spend with each parent. However, fathers in unmarried relationships do not automatically have parental responsibility (unless they are named on the birth certificate or acquire it through a legal process).

Whether you’re cohabiting and want to formalise arrangements or need advice after a breakup, seeking legal counsel early is key. At HM & Co. Solicitors, we offer expert guidance on cohabitation law, helping you:

• Draft robust cohabitation agreements
• Resolve property disputes
• Secure appropriate financial arrangements
• Understand your rights and obligations regarding children

Contact HM & Co. Solicitors

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

Get in touch for professional advice tailored to your family’s unique situation. We’ll help you move forward confidently and securely, no matter where life takes you.