In 2022, the number of people married or in a civil partnership in the UK dropped below 50% for the first time since records started, and it is expected this decline will continue.
According to a recent survey by Hitched, the average wedding in 2023 cost £20,700, a 12.5% increase from 2022. With the added pressure of the cost of living crisis, it’s no wonder so many of us are now cohabiting rather than taking the plunge into marriage.
There is no such thing as a ‘common law marriage’
The myth of a ‘common law marriage’ continues to cause confusion so this article will tackle the questions unmarried couples frequently ask.
My partner owns our house, will I get a share?
Assessing your entitlement to a property will first depend on the legal ownership. If the property is in your partner’s sole name, it can become complex as there are very limited circumstances in which you can claim an interest.
In contrast to a married couple or civil partners, non-financial contributions such as caring for children are of no relevance whatsoever. You may have contributed towards the mortgage or renovations in which case, you could argue that you should have a share of the property given that contribution. Property claims are covered by the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and are dealt with by the civil courts, rather than the family courts.
If you have children, more specific claims can be made under the Children Act 1989 to ensure the needs of your children are protected and met.
If your home is owned in your joint names then the title deeds or associated documentation should reflect this and it should be easy to see what entitlement you have, whether it be an equal share or specific percentage.
My partner has a good pension, will I get half?
The laws relating to pension sharing only apply to married couples so the simple answer is no. You could be named as a ‘nominated beneficiary’ of a pension but this is of course at the discretion of your partner.
If my partner passes away, will I receive all their assets?
If your partner has a Will, their assets should fall according to their wishes.
Where there is no Will, your partner’s estate would follow the rules of Intestacy. Unfortunately, unmarried couples do not benefit from these rules and have no automatic right of inheritance. You could make a claim on their estate under the Inheritance (Provision for Family and Dependants) Act 1975 but this would require you to fall into a specific set of circumstances. You would likely need specialist advice from a probate lawyer.
Married couples can rely on the simple status of their relationship for the law to protect them but unmarried couples need to have more contractual arrangements in place.
I left my job to raise our children, will I receive maintenance?
Where children are involved, there are statutory provisions in place regardless of whether you are married or not. The Child Maintenance Service can be used to calculate your partner’s potential financial contribution, depending on their income and the time they spend with the children. (see our recent article on child maintenance – here)
It becomes more complex if additional support is needed and you may need to consider an application under Schedule 1 of the Children Act 1989 in which case you should seek specialist advice.
We don’t have children but my partner supported me financially, will I receive maintenance?
There are no provisions that obligate your partner to provide you with ongoing financial support as you are not spouses, therefore spousal maintenance does not apply.
Do I have parental responsibility for my children if I’m unmarried?
Mothers automatically have parental responsibility for their children but it is not as simple for fathers.
For married couples, fathers will have parental responsibility by virtue of the fact they are married to the mother. If you are unmarried, as a father, you will need to be named on your child’s birth certificate to have parental responsibility.
We aren’t separating but we’re buying a house, should I seek legal advice?
Your property rights as an unmarried couple are complex so it is always advisable to have provisions in place to protect you and your partner in the event you separate or one of you dies.
It is particularly important to seek advice if you are contributing more to the property than your partner. You may want to record this by way of a Declaration of Trust so your respective shares of the property are clear.
You may also want to consider a cohabitation agreement which is similar to a contract and would clearly set out the terms of your respective contributions and entitlements.
It is certainly advisable to make a Will to ensure your assets, and your partner’s, are dealt with in accordance with your wishes.
Is the law going to change?
With more and more couples cohabiting rather than marrying, there is plenty of talk about the law being reformed to keep up with modern relationships. Several proposals for reform have been put forward in the past but they didn’t progress. Many have suggested looking to our counterparts in Scotland who have safeguards in place for cohabitees but time will tell.
The law surrounding the rights of unmarried couples is incredibly complex so it is essential that you seek specialist advice when separating, or entering a cohabiting relationship. At E J Coombs, we offer a fixed-fee initial appointment during which we can discuss the options available to you so you can understand your rights.
