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Family
Paul Thorn
Rights in your relationship and the common law myth
23 March 2011
The concept of the ‘common law marriage’ has not existed in this country since at least the middle of the 16th century yet it is still one of the most common urban myths.
There are over four million* unmarried couples living together in England and Wales. Although cohabitants are now given legal protection in several areas, they and their families have significantly fewer rights and responsibilities than married couples or people who have formed a civil partnership.
It is a common misconception that after living together for a period of time a couple become 'common law husband and wife' and automatically obtain the same rights as a married couple. In actual fact, couples who simply live together have very few of the rights of married couples or civil partners.
If you are living together as a couple, there are steps you can take to protect yourself and your partner. There are also ways to minimise the legal and financial problems which may arise if you decide to separate, or if one of you dies.
Often a couple will outline their wishes in a Cohabitation Agreement, which covers the arrangements that are to exist both during the relationship (e.g. who pays for what) and also what would happen if they later separate.
Agreements such as these tend to be constructive, since they are drawn up during the positive times of a relationship, with a view to outlining what would happen were the relationship to break down.
For further advice on your rights in your relationship, please contact Paul Thorn, or another member of the family team, on 0114 266 6660.
