As the marriage rate in England and Wales continues to fall, the number of unmarried but cohabiting couples (common law marriage) is on the rise. However, there is currently no law in England and Wales which recognises the needs of a cohabiting couple if their relationship breaks down, as there is with divorce. In the event of a property dispute, trust and land law is applied instead.

There are, however, laws concerning the children of cohabiting couples who separate. The law makes no distinction between married and unmarried parents when deciding such issues as who the child (or children) will live with and how often they will see the other parent.

The key legal difference between married and cohabiting couples is the financial provisions the court can make for the other party when they separate. These are much more limited for cohabiting couples.

If you cannot, or simply do not want to, marry your partner there are steps you can take to ensure that your partner and any children will be provided for should anything unexpected happen to you.

Decide how property and assets should be owned or divided. In order to ensure that the cohabitation agreement that covers these matters is correctly drafted and given full legal effect, you should consult a solicitor at Stowe Family Law solicitors.

For example, if you are about to purchase a property together with a partner it is essential that, before the sale takes place, ownership of that property is agreed and reflected in an appropriate declaration of trust. As many former cohabitees have discovered to their cost, making claims about what may or may not have been agreed upon years before is unlikely to sway family courts without clear supporting evidence.

It is important to understand that cohabitees, no matter how long they have been living together, do not have the same rights upon the breakdown of the relationship as those available for married couples facing divorce.

The law does not recognise common law spouses or common law cohabiting in the way many people think. As a result, the breakdown of a relationship, or the death of one party, can be a financial disaster for a dependent cohabitee. There is no maintenance, and no automatic entitlement to property, capital or pension claims. The children of such a relationship may also be left at a financial disadvantage.

However there are some remedies for people facing the end of a cohabiting relationship. These include applications made on behalf of the children under the Children Act 1989 and financial arrangements. Stowe Family Law’s cohabitation solicitors will be happy to advise you further, and to consider the position also if the relationship ended due to the death of a party.

A civil partnership is a legal relationship which can be registered by two people who aren’t related to each other.

Civil partnerships are available to both same-sex couples and opposite-sex couples.

Entering civil partnership will give your relationship legal recognition. This will give you added legal rights, as well as responsibilities.

Once you have registered a civil partnership, it can only be ended if you or your partner dies, or by applying to court to bring the partnership legally to an end.

You cannot apply to bring a civil partnership to an end until it has lasted for at least one year.

Some sites offer online templates to draft a cohabitation agreement without hiring a solicitor. It is possible for these to hold up in court, but both parties must receive legal advice independently before an agreement must be signed. To ensure the process goes smoothly, seek the advice of a Stowe family lawyer. 

Currently, there are not many rights given to unmarried, cohabitating couples regarding property, finances, or children. However, it has been possible for an unmarried cohabitating partner to be considered next-of-kin when you have been living together for more than 2 years, or one partner has supported another financially. 

Whilst searching for more information on cohabitation agreements, you may have come across references to a ‘2 year cohabitation rule’. The good news is this is a now outdated ruling that only applied to immigration law. You do not need to have been cohabitating for 2 years to enter a cohabitation agreement.