Does common law marriage still exist in the UK?
No, common law marriage was abolished in England and Wales by the Clandestine Marriages Act 1753. This required all marriages to take place through a formal ceremony. Since then, living together – for however long and however committed – has never created a legal marriage here in the UK.
However, the belief that it does is surprisingly common. According to research by Resolution, around 46% of people in the UK wrongly believe cohabiting couples have the same legal rights as married couples. That misconception can have serious financial consequences, particularly for the more dependent partner.
Common law marriage does exist in some other jurisdictions (such as certain US states, as well as parts of Canada and Australia) where couples who live together and present themselves publicly as partners may acquire legal status without a formal ceremony. England and Wales are not among them. Cohabitation here carries no equivalent protections, despite how real and enduring your relationship is, it does not translate into legal status.
Advice from one of our expert solicitors
Rachel Joyce, a Team Leader Partner at our family law office in Beverley, explains:
“It really is one of those situations, “If I had a pound for every time someone told me that they were a common law wife/husband…” But the sobering reality is that there really is no such thing, and many people enter into a cohabiting relationship in the false belief that it is.
“As such, at present, and certainly until any of the proposed reforms potentially come into effect, cohabitee rights are exceptionally limited, generally in respect of jointly owned property such as house(s) and bank accounts.
“The only other potential claims available for cohabitees are where they have children, pursuant to Schedule 1 of the Children Act 1989. Again, however, these are restrictive and not always available to everyone.
“There is therefore (at present) no right to claim against the other’s pension or claim for maintenance, in the same way that married couples can, demonstrating how limited cohabitee claims can be.
“Difficulty arises where cohabiting couples’ own property in one person’s name, in which case, the burden falls on the person who does not own that property to prove that they have acquired a beneficial interest in it, by way of trust. Unfortunately, the law in this area is complex and many principles are discretionary, which only serves to make it even more difficult for a cohabitant to prove an interest.
“Oftentimes, it is therefore exceptionally difficult to prove an interest which is why taking legal advice at the earliest opportunity. For example, before a cohabiting couple plan to live together, as protection can and should be put in place as to ownership, by entering into a cohabitation agreement.”
What is the common law marriage myth?
The term common law marriage is used to describe the mistaken belief that an unmarried couple will gain the same legal rights as a married couple simply by living together, sharing finances, or having children.
Does the length of time you live together make a difference?
There is no minimum period of cohabitation, whether it be two years, five years, or twenty, that grants an unmarried couple the rights of a married couple in England and Wales. The belief that living together long enough will eventually create legal rights is a persistent myth.
You may have seen references to a ‘two-year cohabitation rule’. This is now outdated and was never a general ‘rule’ that gave unmarried couples financial rights on separation.
Solicitor’s tip: There is one area where a two-year threshold does appear in the law, but it applies on death, not separation. If a cohabitant lived with their partner for at least two years immediately before that partner died, they may apply to court under the Inheritance (Provision for Family and Dependants) Act 1975 for financial provision from the estate.
It is worth knowing this exists, but it should not be mistaken for meaningful protection. As the remedy is discretionary, uncertain, and a long way from the automatic inheritance rights a surviving spouse holds.
What rights do unmarried couples actually have in England and Wales?
While ‘common law marriage’ doesn’t exist, cohabiting couples aren’t left without options. Instead of having automatic matrimonial rights, unmarried couples have certain rights in various areas:
- Property disputes: Handled under trust law via the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)
- Children’s support: Financial provision beyond standard CMS payments falls under Schedule 1 of the Children Act 1989
- Agreements: Protection is created through formal cohabitation agreements and valid Wills
For a full, in-depth breakdown of how these rules apply to your situation, read our comprehensive guide to rights available to cohabiting couples.
Are there plans to reform cohabitation law in England and Wales?
In June 2026, the UK Government launched a consultation named ‘A Fairer End to Relationships’ to propose extended legal rights to cohabiting couples who have lived together for three or more years, or who share a child. Proposed reforms include automatic inheritance rights for bereaved unmarried partners and stronger financial protections for domestic abuse survivors.
No changes have yet been passed into law as the Government is still consulting. Law reform typically takes a considerable amount of time to come into practice.
What should unmarried couples do to protect themselves?
The most important step is to seek legal advice before you need it. Getting the right documents in place while your relationship is strong is simpler, less expensive, and far less stressful than trying to establish rights through the courts later.
Practical steps to consider:
- A cohabitation agreement: Records how property and finances will be handled if the relationship ends and can be updated as your circumstances change
- A Declaration of Trust: A legally binding document setting out each person’s share of a jointly owned property – particularly important where contributions are unequal
- A valid Will: Without one, your partner may receive nothing from your estate under the intestacy rules
- Pension nominations: Pension death benefits are paid at the scheme’s discretion. Nominating your partner formally gives them the best chance of benefiting
- Life insurance: If one partner is financially dependent on the other, life insurance provides a safety net that the law does not
Which of these is right for you will depend on your individual circumstances. Whether you are moving in together for the first time or have been cohabiting for years, it is never too early to understand where you stand.
Our team is here to help, reach out to us today to find out more.
Keep reading…
What are the advantages and disadvantages of cohabiting?
Cohabitation agreement or declaration of trust: What’s right for me?
What is a commitment ceremony?
Originally written October 2025
