What is Common Law Marriage in England and Wales?

Contrary to what many people believe, in England and Wales, there is no legal concept of ‘common law marriage’.

The term ‘common law marriage’ is often used to describe couples who have lived together for many years and behave as if they were married. You may also hear the term ‘common-law partners’. 

Common-law marriage and common-law partners suggest that, through long-term cohabitation, the law recognises them as having the same rights as spouses. While this idea feels logical to many, it has zero basis in English law. 

The reality is that in England and Wales, there is no recognition of common law marriage, no matter how long a couple has lived together or how much their lives are intertwined. 

This can come as a surprise, particularly for those who believe that being a partner in every practical sense means the law will provide protection. The reality is that only marriage and civil partnership create those rights; however, it is possible to gain some rights by entering into a cohabitation agreement.

What is the legal status of cohabiting couples?

Cohabiting couples do not have the same legal rights as those who are married or in a civil partnership. This can affect many aspects of life, including property, money, and inheritance. In a cohabitation arrangement, property belongs to the person whose name appears on the deeds or tenancy. Each partner is responsible only for their own debts. If one partner dies without leaving a Will, the survivor has no automatic right to inherit.

The law does not provide financial support when a cohabiting relationship ends in the same way it does for divorce or dissolution. For example, courts will not redistribute property or order maintenance for an ex-partner, although child maintenance may still apply. This often leaves one partner financially exposed after a separation.

What are the common myths of marriage by common law?

Common law marriage myths tend to become apparent during moments of crisis, such as bereavement or separation, when it is too late to address them. Here are the three most common myths around common law marriage in the UK:

1. Time spent together will affect your legal rights. The most common misunderstanding is the belief that living together for a set number of years automatically creates a ‘common law marriage’. This is not the case. There is no time limit that changes the legal position of a cohabiting couple. 

2. Having children together will affect your legal rights. Another widespread myth is that having children together gives cohabiting parents the same rights as married couples. While both parents may acquire parental responsibility, particularly if named on the birth certificate, this does not confer property or financial rights.

3. Your partner will inherit your assets if you die, even without a formal agreement. Inheritance in a cohabiting relationship is another area where people are often misled. Many assume that if their partner dies, they will inherit the home or other assets. Again, in reality, without a Will, intestacy rules apply, and only spouses and civil partners are recognised. A surviving partner in a long-term cohabiting relationship can therefore be left with nothing.

What is a cohabitation agreement?

While the law in England and Wales does not treat cohabiting couples as married or civil partners, there are ways to create certainty and reduce risk. Many cohabiting couples enter into a cohabitation agreement between themselves, setting out how property, finances, and childcare will be handled during the relationship and if it breaks down. 

It is always recommended to enter into a mutually agreed cohabitation agreement before you move in together; however, you can create one at any time during your relationship.

Your cohabitation agreement can set out how you will share assets, whether you will have access to pensions held by the other party, and any next of kin rights in a medical emergency.

Read more about what a cohabitation agreement is, and why you should seek a cohabitation agreement, with our blog.

Other ways to ensure your rights as a cohabiting couple

Other ways to ensure that your rights are protected as a cohabiting couple include:

• When buying property, setting up a declaration of trust to record the share owned by each partner, and

• Making a Will to ensure that the surviving partner is provided for. 

While these measures can provide some reassurance, for couples who want complete protection, marriage or civil partnership remains the only option. These legal statuses provide a full framework of rights covering property, pensions, inheritance, and financial support.

Final words

The notion of ‘common law marriage’ continues to confuse many couples, but it has no place in English law. Cohabiting does not give partners automatic rights over property, inheritance, or finances. For those who wish to avoid marriage or civil partnership, legal certainty can only be achieved by taking proactive steps such as making a will or entering into a cohabitation agreement. Ultimately, for full legal recognition, marriage or civil partnership is the only route.

Guillaumes LLP offers legal services from our office in Weybridge, Surrey. If you need assistance drawing up a cohabitation agreement, advice with wills and tax planning, or practical family mediation, contact us today for help.

FAQs

Does common law marriage exist in England and Wales?

No, it is a common myth, but the reality is that there is no legal recognition of common law marriage in England and Wales.

Can living together give me rights over my partner’s property?

Not automatically; ownership depends on whose name is on the deeds or tenancy. Courts may consider contributions in some cases, but this is complex and uncertain.

What can I do to protect my partner if we don’t marry?

A cohabitation agreement, a valid Will, and pension nominations can provide some protection. These should be reviewed regularly.

Will I inherit automatically if my partner dies without a Will?

No. Cohabiting partners have no entitlement under intestacy laws. Only a Will ensures inheritance.