For many couples, living together before marriage feels like the natural next step. You share a home, split the bills, and maybe raise children together. It can feel every bit as committed as marriage. Legally, though, it isn’t the same thing at all, which many people find surprising.
Couples living together before marriage have very limited legal protection compared with married couples. There is no such thing as ‘common law marriage’ in England and Wales, no matter how long you’ve been together. Below, we explain exactly where you stand, what’s changing in the law, and the practical steps you can take to protect yourself.
How many people live together before marriage in the UK?
According to the most recent ONS statistics, released in July 2025 and covering January to December 2023, around 90% of people cohabited before they got married. Cohabiting couple families accounted for roughly 18% of all families that year.
The ONS Families and Households in the UK: 2024 release states that there were approximately 3.5 million cohabiting couple families in the UK in 2024, a figure that has grown by 16% since 2014.
If you’re wondering exactly what cohabitation means, it is simply living together with a romantic partner without being married or in a civil partnership.
Why do couples live together before marriage?
There’s no single reason, and your own will be personal to you. Living together before marriage is more socially accepted now than ever, and is sometimes seen as the most ‘sensible’ thing to do.
Some of the most common reasons include:
- Testing the waters: Many couples want to experience day-to-day life together before committing to marriage
- Personal choice: Some people consider marriage to now be outdated
- Financial independence: Some people prefer to keep their finances separate, even while sharing a life
- A previous marriage: Those who have been married before and gone through a divorce don’t always wish to repeat the experience
- Cost: With weddings becoming increasingly expensive, more couples are buying property together before marrying
For some, a formal ceremony without the legal contract feels right, which is why interest in a commitment ceremony has grown. Whatever your reason, it helps to understand what living together does (and doesn’t) mean legally.
What are some myths about living together before marriage?
A lot of couples assume that living together earns them rights similar to marriage over time, when it doesn’t. These are the myths we hear most often, and the reality behind each one.
“We’re in a common law marriage”
Common law marriage does not exist in England and Wales, despite how widely the idea is believed.
If you see ‘common law spouse’ listed as an option on a form, it is not a legally recognised relationship status. Regardless of how long you’ve been together or whether you have children, your legal status remains that of cohabitees.
“I automatically have rights to property, finances and inheritance”
At present, there are no automatic rights to property for cohabiting couples, finances or inheritance held in a partner’s name.
This means that if you separate, you don’t have the same claims a married couple would have on divorce.
You may inherit only if your partner has named you in an up-to-date Will. Without one, you are not treated as next of kin, and the estate passes to the nearest relatives instead, such as children or parents.
You can read more about your legal position in our guide to cohabitation law and unmarried couples’ rights.
“I’m entitled to a share of my partner’s pension”
You do not have the same ability as married couples to seek a share of a spouse’s pension and as an unmarried, separating couple, you would have no entitlement to your partner’s pension on separation, regardless of its value, how long you’ve been together, or whether you have a pension of your own.
“A cohabitation agreement gives me the same rights as marriage”
A cohabitation agreement doesn’t replicate marriage, but it does something valuable in its own right.
It creates a clear, agreement between you and your partner setting out how you’ll handle money and property. A well-drafted agreement can cover:
- Property: Who owns what share of your home, and what happens to it if you separate
- Bills and outgoings: How you split rent, the mortgage, utilities and everyday costs
- Assets and savings: How jointly and separately held assets are treated
- Children and pets: Practical arrangements for those who depend on you both
Whilst a cast-iron binding agreement cannot be obtained for unmarried couples, a cohabitation agreement carried real legal weight when there is a dispute, provided the agreement is properly drafted, signed as a deed, and supported by full financial disclosure and independent advice on both sides. When done well, it’s one of the most effective ways to protect yourself while living together before marriage.
How do the rights compare between cohabitants and married couples?
| Area | Married couple | Cohabiting couple |
| Property claims on separation | Broad claims under the Matrimonial Causes Act 1973 | No automatic claim – limited to property and trust law |
| Financial support | Can seek spousal maintenance | No right to maintenance for yourself |
| Pension sharing | Can be shared on divorce | No entitlement |
| Inheritance without a Will | Recognised as next of kin | Not next of kin, and no automatic right |
| Legal status | Recognised in law | No ‘common law marriage’ exists |
David Allen, Senior Associate in our family law office in Newcastle, says:
“As can be seen above, the possible claims available to unmarried couples are extremely limited and focus upon housing and maintenance for children, with the more vulnerable partner often finding themselves in a precarious position on separation.
“It is therefore so important upon buying a property or moving in together to discuss what the arrangements may be on separation, at a time when there is not the animosity and ill-will that may follow a separation and that those arrangements are clearly recorded in a Cohabitation Agreement or Declaration of Trust. This should be reviewed throughout the period of cohabitation at key times such as the birth of a child, or if any significant development is to take place on the home e.g. if the parties seek to jointly fund an extension or renovation work.
“All is not lost if a Cohabitation Agreement or Declaration of Trust has not been prepared and there still remains the ability to assert the existence of a trust created between the parties by other means, or proprietary estoppel, but these claims are always more difficult.”
What property rights are there for couples living together before marriage?
Property rights for unmarried couples depend mainly on legal ownership, not the relationship itself. If you buy together, it matters whether you own as joint tenants or tenants in common, and a Declaration of Trust can help record what you intended.
If the home is in one partner’s sole name, the other has no automatic right to a share just because they lived there. In some cases, they may be able to bring a claim under TOLATA by showing a beneficial interest. For example, through contributions to the deposit, mortgage or major improvements, or evidence of a shared intention to share ownership. The existence of a cohabitation agreement can provide very good evidence that the parties intended that both occupiers should have a beneficial interest in the home.
You can find out more in our latest advice: What property rights do unmarried couples have?
Does living together before marriage count if we later divorce?
In many cases, yes, if you and your partner live together for years and then marry, the time does count if you later divorce. Under the Matrimonial Causes Act 1973, where a relationship moves seamlessly from cohabitation straight into marriage, the court can treat the pre-marital period of living together as part of the overall length of the marriage.
This matters because the length of a marriage is one of the factors a court weighs when dividing assets. So, a couple who lived together for five years and then married for two may, in the right circumstances, be treated as a longer relationship than the marriage alone would suggest.
It isn’t automatic, and it depends on the facts, but it’s a meaningful point for many couples to be aware of.
Will the legal reality of living together before divorce change with the June 2026 consultation?
In June 2026, the Ministry of Justice launched a landmark consultation titled A Fairer End to Relationships, which closes in August 2026. Currently, nothing is changing regarding cohabitation law, they are simply proposing new frameworks.
What’s being proposed for cohabiting couples?
The consultation proposes a framework of rights for eligible cohabitants when a relationship ends. Under the current proposals, you would generally qualify if you:
- Have lived together for three or more years
- Live together and share a child
The proposed protections include:
- Financial provision on separation: The starting point would be that each person keeps what they legally own, departed from only where needed to meet a partner’s defined needs – assessed more narrowly than on divorce
- Children first: A child’s welfare would be the first consideration in any decision
- Inheritance on intestacy: Qualifying cohabitants could gain the right to inherit automatically where a partner dies without a valid Will
- Time limits and clean breaks: A two-year window to bring a claim after separation is proposed, with clean-break outcomes encouraged wherever possible
It’s important to note these are proposals, not law, and the details may change.
How to protect yourself when living together before marriage
Putting protections in place can feel unromantic, but it doesn’t have to be. It’s simply looking after your financial security while you build a life together.
If you’re living together, or planning to, these are the practical steps worth taking:
- Put a cohabitation agreement in place: Set out clearly how property, bills and assets are shared
- Record property ownership properly: Decide between joint tenants and tenants in common and consider a Declaration of Trust
- Make a Will: This is the only reliable way to ensure your partner inherits as you wish them to
- Get tailored advice: Everyone’s circumstances differ, and good advice early on can save real distress later
Living together before marriage is a wonderful step for many couples, but the law hasn’t quite caught up with how modern families live. Until it does, a little planning goes a long way.
If you’d like to understand your position or put the right protections in place, our team is here to help you do exactly that. Get in touch with us to find out more.
Keep reading…
Who is next of kin if you’re not married?
What rights do cohabiting couples have on inheritance?
Originally written July 2025
