Does common law marriage exist in the UK? Here's what you need to know

Common law marriage is a concept that refers to a marriage-like relationship between two people who live together for a certain period of time but without actually getting married or registering their partnership formally. This type of arrangement is recognised in some countries but not in the UK. In this article, we will explore what this means for couples who choose to live together without getting married.

What is common law marriage?

The exact definition of common law marriage can vary depending on the country or state in which it is recognised. Generally though, it refers to a relationship in which the couple has not formalised their union through marriage or civil partnership.

In some countries, common law marriage is recognised as a legal status that provides certain rights and protections to the couple. For example, in some US States, common-law marriage is recognised, and couples who meet specific criteria can enjoy many of the same legal benefits as married couples.

Is common law marriage recognised in the UK?

The law here in the UK means that even if a couple has lived together for many years, they do not have the same legal rights and protections as a married couple. Many people think we have this system, but when it comes to dividing finances, parental rights and even inheritance rights, the law in the UK largely fails to offer protection if there is a split between a cohabiting unmarried couple.

Scotland

Since 2006, laws in Scotland have differed slightly from the rest of the UK. Points that differ in Scotland include:

• Ownership of household goods bought when the couple lived together will be ruled jointly owned and therefore split equally.
• Financial provisions for decisions made by the couple during the relationship. For example, one partner taking time away from their career for childcare.
• Protections for surviving partners regarding estates, allowing a cohabiting partner protection if there is a death without a will.

If you have any doubts or concerns about common-law marriage in your area, speak with your Solicitor for help and advice.

What are the implications of this for couples?

There can be significant implications for couples living together without getting married. Some of the key areas where unmarried couples are impacted include:

• Inheritance rights
• Pension rights
• Property rights
• Parental rights
• Tax breaks and benefits

What can cohabiting couples do to protect themselves?

Couples who choose to live together without getting married do not have the same legal rights and protections as married or civil-partnered couples. However, there are steps that couples can take to protect themselves and their assets. By taking these steps, couples can ensure that they are prepared for any eventuality and that their rights and interests are protected. Some of these steps include:

Cohabitation agreement

A cohabitation agreement can be drawn up to establish the couple's rights and responsibilities towards each other in the event of separation. It covers finances, property and what will happen to the children if the couple separates, became ill or passes away.

Cohabitation agreements are popular with unmarried couples living together, as they cover all aspects of joint life and the complexities a separation can have, offering protection for both parties and their assets. Cohabitation agreements can provide protections similar to marriage, such as equal shares of assets or access to pensions.

Make a will

Without being married or in a civil partnership, a surviving partner may not automatically inherit their partner's assets if they die without leaving a Will. So, couples should each make a will to ensure that their assets are distributed according to their wishes in the event of their death.

​Having a will offers you the chance to address what you would like to happen when you are no longer here, and as well as providing protection for unmarried couples, it can be beneficial to their friends and family too. 

The next steps

If you are in a common law marriage and have concerns about safeguarding each others future, speak to our Family Solicitor team. We can advise and explain the options available to you. Our team can help you make a Will or set up a cohabitation agreement. For more information, please speak to our Family team on 023 8063 9311 or email familyenquiries@warnergoodman.co.uk.