Untying the Knot: Legal Rights of Unmarried Couples in the UK

Here at RDC, we often receive questions from unmarried couples about their legal rights when their relationship comes to an end. Unlike married couples, who benefit from legal protections under marriage laws, unmarried couples, or “cohabiting couples” can face a more complex legal landscape when they separate. There are more than 3.6 million cohabiting couples in the UK, and as one of the fastest-growing family types, it’s vital to understand your rights and responsibilities.

The Misconception of Common Law Marriage

Despite the common misconception of the common law marriage, people who live together are not covered by the same legislation as those who have married or entered into a civil partnership, and consequently they do not have automatic rights to claim against the other if the relationship breaks down. Many couples believe that living together for a certain number of years gives them the same rights as married couples, but this is simply not the case. Unmarried partners do not have the same legal status, no matter how long they have lived together.

This means that, unlike married couples, cohabiting couples do not have automatic rights to their partner's assets, property, or pensions upon separation. So, if you are in a cohabiting relationship, it’s important to understand what steps you can take to protect your interests.

Property Rights of Unmarried Couples

When it comes to property, the legal landscape is very different for unmarried couples compared to married ones. If you are living together in a property owned by one partner, the other has no automatic rights to that property when the relationship ends. However, if both names are on the title deeds, the situation changes slightly.

If both partners are joint owners, the property will usually be split 50/50 unless a different arrangement has been clearly specified. If one partner solely owns the home, the other would need to establish a beneficial interest in the property to claim a share. This can be done by demonstrating financial contributions toward the purchase, mortgage, or significant home improvements.

To avoid disputes over property ownership, it is advisable to have a cohabitation agreement in place, detailing how property and finances will be divided in case of separation. This legally binding document can provide peace of mind and clarity for both parties.

Financial Support for Unmarried Partners

Unlike married couples, there is no legal obligation for one partner to support the other financially after separation. This can be particularly difficult if one partner has been financially dependent on the other. For example, if one partner stayed at home to care for children while the other worked, they would not have the same rights to claim spousal maintenance or a share of the other’s assets, as would be the case in a divorce. Again, a cohabitation agreement can address this by setting out what financial support, if any, one partner will provide to the other in the event of a separation.

Inheritance Rights for Unmarried Couples

One of the biggest differences between married and unmarried couples lies in inheritance law. If you die without a will, your unmarried partner has no automatic right to inherit any of your estate, even if you have been together for many years.

This can lead to financial difficulties, particularly if your partner was financially dependent on you or if you jointly owned property. If your partner dies without leaving a will, the only way you might be able to claim a share of their estate is by making a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this can be a long and expensive process.

To avoid these complications, it’s essential for cohabiting couples to have up-to-date wills in place that clearly outline their wishes. By doing so, you can ensure that your partner is provided for in the event of your death.

Cohabitation Agreements

One of the best ways to protect yourself and your partner is by drafting a cohabitation agreement which can cover how property, assets, and finances will be divided if you separate, how financial contributions toward the home are made, what will happen to jointly owned property or assets, potential financial support arrangements. If children are involved, the agreement can also cover parental responsibility and child arrangements.

Seeking Legal Advice

At the end of a cohabiting relationship, emotions can run high, and disputes can arise. Working with a family law solicitor can help ensure that your separation is handled fairly and that your rights are fully protected.

Here at RDC, our Family Department conducts an initial 30-minute consultation at no cost for a preliminary discussion. To arrange an appointment please contact one of the team on Bingley 01274 723858, Ilkley 01943 601173 or Bradford 01274 735511.