Unmarried Couples
Non-married co-habiting couples are the fastest-growing family type in the UK, accounting for around 20% of families and rising. Alarmingly, the majority of people in this type of relationship mistakenly believe they have a ‘common law marriage,’ which provides them with various rights and protections regarding finances, etc. In fact, the law does not recognise the concept of a “common law marriage” in the UK and unmarried couples do not acquire any legal status between them, no matter how long they have been together.
Legal Rights of Unmarried Couples
In the UK, if an unmarried couple breaks up, they do not have automatic rights to claim financial support from each other, no matter how long they have been together, even if that support is needed. If they have children, the resident parent can seek child support from the non-resident parent (at rates prescribed, assessed and, if necessary, collected by the Child Maintenance Service).
Other differences from legally married couples include:
- Should one partner die, the surviving partner will not automatically inherit anything from their estate – unless the couple jointly own property (subject to how that joint ownership is set up)
- An unmarried partner who stays at home to care for children cannot make any claims in their own right for property, maintenance or pension-sharing (although they may be able to make a claim in respect of and on account of the child(ren)
- Cohabiting partners cannot access their partner’s bank account if they die
- Until there is a change in the law, co-habiting couples should document their financial arrangements, both during their relationship and if they separate, in a ‘Co-habitation Agreement’ also known as a ‘Living Together Agreement’ or ‘Declaration of Trust’.
Co-habitation Agreement
A cohabitation agreement is a legal document between unmarried couples who are living together. It sets out arrangements for finances, property and children while you’re living together and if you split up, become ill or die. You can make an agreement at any time.
Co-habitation Agreements often cover:
- How much each party contributes to household bills such as mortgage payments, rent, utilities etc.
- Who owns what regarding expensive assets such as electronics, furniture or cars
- How joint debts or bank accounts are managed
- What percentage of a property each person owns
- Who owns and will take responsibility for any pets if they separate
How we can help
If you need advice about Cohabitation Agreements or proceedings, we can give you legal advice to protect your interests. Sterling de Zuk specialises in family law and financial arrangements and can offer legal advice to individuals throughout Cheshire.
Contact Mark Thomson on email: mark@zukdivorce.co.uk or phone: 0333 070 5651