Protecting Your Rights: Essential Legal Steps for Unmarried Couples in the UK
Tom Jarman (Student)
It's crucial to dispel the misconception that unmarried couples who live together are automatically considered to have a “common-law marriage”, which grants them the same legal rights as married couples.
Unmarried Couples are the fastest-growing family group in the UK, constituting about 17% of all families. This is due to the changes in societal norms and the “traditional family” notion that has lost its prominence.
The rise in unmarried couples is due to several factors, including those who have an ideological objection to marriage, pragmatists who opt out due to legal and financial considerations, romantics who view cohabitation as a stepping stone towards marriage, and couples with differing views on marriage.
As part of this significant trend, it is crucial to understand that your legal rights in these situations differ from those of married couples. This knowledge will empower you and ensure you are well-informed.
What is a Cohabiting couple
A cohabiting couple is a pair of individuals living together in a romantic relationship without being married or without having entered into a civil partnership. They may share a home, finances, and responsibilities similar to those of a married couple, but they do not have the formal legal status or recognition that marriage or civil partnership provides.
This means you cannot necessarily claim an interest in assets in your partner's name (including the house where you live) regardless of the duration of your relationship or if you have children. Seeking legal advice can empower you with the knowledge and guidance necessary to protect your rights and ensure your peace of mind.
Cohabitants can be disadvantaged compared to spouses as they cannot claim maintenance or property adjustment orders on separation. They are also not automatically entitled to anything if their partner dies without making a will.
How to Protect Your Rights
Declaration of Trust
When you buy a property with your partner or move into a property they already own, it's important to consider the following:
- What financial contributions are each of you making to the property?
- The purpose of buying the property.
- How will the proceeds from the property be divided when it is sold?
- When the property will be sold.
The best way forward is to ensure that the property is put into joint names. If it isn’t, then you may need a formal Declaration of Trust to protect your interest. Do not wait until the relationship breaks down.
Cohabitation Agreements
- Couples who live together can create a cohabitation agreement to cover a broader range of assets, including jointly owned property and parenting arrangements. The courts recognise these agreements as a record of each party’s intentions in the relationship.
- It can protect your rights, such as your pension, life insurance, property, and other assets, in case of a relationship breakdown or death.
- It is recommended that couples enter into a cohabitation agreement when they start living together, such as when buying a house, but it can be drafted at any point.
Writing a Will
- If you are not married and you or your partner dies without a will, your assets won't automatically go to your partner as they would for married couples. Writing a will to ensure your share of any property or assets goes to the people you want after you die is important.
For individuals seeking assistance, 鶹ý Legal Advice Clinic (BULAC) offers free legal advice on family related issues To make an appointment, please call 01248 388411 or email us at bulac@bangor.ac.uk.