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Living together before marriage: the legal reality

3 min read

Marriage has historically been a natural progression of a relationship. For many people, this is still the case and people choose to marry to legally solidify their commitment to one another, even if the majority live together before marriage.

However, cohabiting couples are the fastest growing family type in the UK. Cohabitation is living together with a romantic partner without being married or in a civil partnership, although some couples do consider it to be akin to marriage as they will likely share finances, resources and potentially children. Unfortunately, this is not legally the case.

How many people cohabit in the UK?

According to the most recent ONS statistics, released in July 2025 and covering the year from Jan-Dec 2023, 90% of people cohabited before they got married, and cohabiting couple families accounted for around 18% of all families that year.

In the UK, there were approximately 3.5 million cohabiting couple families in 2024. This figure has increased by 16% since 2014. The majority of cohabitees are opposite sex couples but same-sex couples are increasingly cohabiting, the percentage increased from 2.7% of families in 2014 to 4.2% in 2024.

Why do couples cohabit?

Culturally, it is more normal now than ever before for couples to want to experience living together before they embark on a marriage or a civil partnership. 9/10 married people lived with their spouse before they got married.

It is also far more socially acceptable to live together long term with no intention of marriage.

Sometimes, individuals disagree with marriage as an institution and consider it outdated. Responses to a survey we ran, nearly a quarter of people consider marriage outdated.

Others wish to maintain personal and financial independence even if they share their life otherwise with a romantic partner. In some cases, people have been married previously and don’t wish to repeat the experience.

Another reason as to why cohabiting couples may not wish to marry is due to the expense of the wedding industry. Especially in this day and age, more couples seem to be purchasing proprieties together before marrying due to finances.

Cohabitation offers couples the experience of living together permanently and building a shared life, without a legal document. Many people see moving in together as the key step in proving their commitment to one another.

Cohabitation myths

“I am in a common law marriage if I live with my romantic partner”

This is untrue. The common law marriage does not exist, despite being very socially pervasive. If you see ‘common law spouse’ as an option on a form, for example, this is not a legally recognised relationship status. Regardless of the length of your relationship or whether you have children, your status remains cohabitees.

“I have automatic rights to property, finances and inheritance if I live with my partner”

At the moment, cohabiting couples have no automatic rights to any property, finances or inheritance in their partner’s name. This means that if you break up, you don’t have the same claims as you would do if you divorced after marriage. There are certain laws in place which mean you can bring claims, but these are complicated and long winded.

You may be entitled to inheritance but only if this is specified in your partner’s will. If there is no up-to-date will in place, you are not considered next of kin and any estate will pass directly to the next of kin (e.g. children, parents).

“When we retire I am entitled to a share of my partner’s pension and other savings”

Again, you have no entitlement to your partner’s pension regardless of its value, the length of your relationship or if you don’t have a pension of your own.

“A cohabitation agreement legally allows me all the rights of being married”

A cohabitation agreement can be a useful document for putting measures in place to protect yourself and your finances. They can cover property, assets, even what happens to children or shared pets. However, they are not legally binding, although may be helpful if you need to bring a claim on property or for financial provision for children. They do not mirror the institution of marriage.

Cohabitation before marriage

Socially, it is very normal for couples to live together before they get married, although this is not always the case. Many will have the long-term intention of getting married to their partner but want to ‘test the water’ first. This period varies from couple to couple. Some couples live together for decades before they decide to get married, others for a few months.

Marriage then legally changes a relationship status and will automatically interlink your finances and assets, even if you choose to practically keep them separate (e.g. separate bank accounts and each of you contributes to a joint account).

Putting measures in place to protect yourself and your finances is important. Unromantic, possibly, but financial freedom and independence is invaluable. For example, seeing legal and financial advice is key, as is getting documents in place to provide written agreements and evidence e.g. a cohabitation agreement or Declaration of Trust.

Useful Links

Unmarried partners’ rights after death

Legal Q&A: “My partner and I are buying a house together. How can I protect myself?”

What happens when unmarried couples separate? Considerations for cohabitees

Declaration of Trust for property

Advantages and disadvantages of cohabitation

Ciara is based in London and advises upon all aspects of family law, including divorce, civil partnerships, matrimonial finance and private law children cases. She also has significant experience in cohabitation matters and injunctive proceedings.

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