You will regularly hear people refer to the terms common law partner, or common law husband or wife. I’ve even seen it used on official forms, for example by insurance companies. Unfortunately, it is a very misleading concept and for anyone who lives with their partner and considers themselves to be common law partners it is important to understand that it has no meaning in law.
This is a comprehensive guide to common law partners and the legal rights they do and do not have, covering the following questions:
- What is a common law partner?
- What is the difference between a common law partner and being married?
- Do common law partners have rights?
- How long do you have to live with someone for it to be common law in the UK?
- What happens if you separate from your common law partner?
- Should unmarried couples who live together make a cohabitation agreement?
If you need to discuss your position as an unmarried partner, need clarification on your rights during a cohabitation dispute, or require advice on the terms of a cohabitation agreement, you can take advantage of a free 30-minute telephone appointment with a member of our team.
To schedule this initial chat with one of our family law solicitors, call 0800 321 3832 or complete our online form.
What is a common law partner?
There is a commonly held belief that couples who cohabit (live together) also become ‘common law partners’, with this status granting them certain legal protections similar to those afforded to couples who are married or in a civil partnership. This is not accurate as, in the UK, there is no such thing as a common law marriage.
Couples who share a home (whether owning or renting) without being married or in a civil partnership are not automatically granted the same protections as married couples and civil partners, which means that they could be vulnerable if they decide to separate.
What is the difference between a common law partner and being married?
The key difference to highlight is that marriage grants various legal rights and protections which are not afforded to unmarried couples. Notably, if a marriage breaks down, a couple’s assets are considered to be joint, which means that both parties will be able to seek financial support from the other, depending on their needs.
By way of contrast, when unmarried couples separate, their assets are generally divided based on ownership rather than need or on the basis of fairness. This means that, during a separation, one party may be left vulnerable and would not necessarily have a right to seek financial support – though this is something that could be negotiated.
Do common law partners have rights?
If you live together with your partner, but are not married or in a civil partnership, any rights you have are limited, at least compared to married couples. During a separation, for example, neither party has a direct duty to support the other financially.
A good example to illustrate this would be property ownership. While the courts have the power to deal with property rights during a divorce, if an unmarried couple is in dispute, they can only determine property ownership based on whose name is on the deeds and what contributions have been previously made.
There are certain protections in place if you have children with a cohabiting partner. The courts, for example, can enable one parent to secure financial assistance from the other parent to ensure that their child’s welfare is looked after.
Anyone in what they consider to be a common law relationship should be mindful of their rights, or lack thereof but, equally, they should also be aware that they can protect themselves by drawing up a cohabitation agreement/living together agreement.
Cohabitation agreements are contracts which cohabiting couples can sign, clarifying their rights and responsibilities for their property, finances and other assets. The contract is used to record each party’s financial position, as well as the arrangements for dividing finances should the relationship break down.
In some cases, cohabitation agreements can also be used to clarify certain arrangements, such as those involving children.
A cohabitation agreement is a legal contract and therefore legally binding. This means that, so long as they have been correctly drafted and both parties receive independent legal advice, the terms will be upheld.
If you have a cohabitation agreement in place, it must be regularly reviewed so that it accurately reflects your circumstances. This is especially important if there have been any significant changes in your lives, such as having children or receiving a substantial financial windfall.
How long do you have to live with someone for it to be common law in the UK?
You will not be granted the status of being in a common law relationship, no matter how long you are living with someone that you are in a relationship with. You could be in a relationship for 2 months or 20 years – your legal rights will remain the same. Clarifying your rights and responsibilities is only possible by signing a cohabitation agreement or getting married/entering into a civil partnership.
What happens if you separate from your common law partner?
Upon separation, unravelling the tangle of commitments and assets a couple owns can be extremely challenging. Unlike married couples, there are no laws governing what arrangements should be made upon separation for cohabitees, which can make it very challenging to come to a suitable agreement.
Matters that need to be considered include:
- Property rights – The way property is dealt with will depend on ownership. It is common for disputes to occur regarding property when one person’s name is on the deeds but both parties have paid the mortgage or paid for home improvements. In this case establishing an interest in the property will be all important, which an experienced lawyer can help you with.
- Arrangements for your children – Both parents are responsible for the care and support of their children until adulthood. Problems often occur in relation to with whom the children will live, covering the costs of their care and when each parent will spend time with the children. The court has the power to enable one parent to secure financial assistance from the other to ensure that the child has somewhere to live, although it is always preferable for parents to try and reach an agreement about this between themselves, perhaps with the help of a specialist family solicitor.
- Financial support – You do not have any automatic claim to financial support if you are not married or in a civil partnership, even if you gave up your career to support them in theirs for example. This wouldn’t prevent you from attempting to come to an agreement with your former partner.
- The general process of separation – During a separation, you are likely going to have to take various steps, such as unravelling joint assets and bank accounts and removing your ex-partner’s name from the pension beneficiary statement. While this is a less formal than divorce or dissolution, it is still important that each step is carefully handled.
Should unmarried couples who live together make a cohabitation agreement?
A cohabitation agreement is a good idea for unmarried couples who want to make sure that they are properly protected should the relationship break down in the future. While many couples are understandably hesitant to prepare for the end of their relationship, the situation can quickly become very complicated if there isn’t a clear plan in place. Cohabitation agreements are especially important for couples who have bought a house together or are planning to have children.
Our family law solicitors are here for you
Understanding your rights as an unmarried couple can be complex, so it is important that you seek out expert legal advice and are aware of the options that are available to you. Our friendly, expert team are here to make sure your position is secure and that you have the right protections in place should you separate from your partner.
To take advantage of your free 30-minute consultation with our expert family lawyers, call 0800 321 3832, or complete our quick online form.
Nick Wiseman
Divorce and family lawyer Norwich
