WARNING FOR UNMARRIED COUPLES

By Clarkes

With more couples than ever choosing to live together without getting married, it is important that they consider the limited automatic legal rights they have compared to married couples.  It is important that couples understand the difference so they can make plans to deal with any legal gaps.

There is a myth that people who live together become “common law partners.”  In reality, this is false and it does not apply to the law of England and Wales.  Regardless of the length of your relationship, you do not gain the same rights as a married couple and there is no automatic claim on your partner’s assets or income.

Here is our legal guide of things that should be considered:

1. Property Ownership

If you buy a home together, the legal structure matters and you should always take advice on whether the property should be held as Joint Tenants or Tenants in Common.  Your legal adviser will be able to explain the key differences and help you to decide which is the right option for you.  They may also advise you to consider a Declaration of Trust to ensure that your intentions are property reflected.  If the property is owned in the sole name of one partner, then it is important to understand that the other partner may not have a right to remain there if the relationship ends.

2. Cohabitation Agreements

A Cohabitation Agreement is one of the most effective ways to protect both partners.  It can set out the agreement you have reached in respect of the financial aspects of your relationship.  It provides clarity and certainty to couples.  These agreements are not automatically binding and so they should be drafted properly by a legal professional.

3. Children and Parental Responsibility

Parental Responsibility affects who can make decisions about a child’s education, health, and upbringing.  While mothers automatically gain parental responsibility, their partner will not automatically have it unless named on the Birth Certificate.

4. Inheritance and Wills

It is important for unmarried partners to understand that they do not automatically inherit from each other.  If one partner dies without a Will, the surviving partner may receive nothing, and the Estate will typically pass to relatives.

Get Legal Advice:

You should always consider speaking to a solicitor if:

  • You’re buying property together
  • You’re moving into a partner’s home
  • You’re having children
  • You’re separating

Living together without marriage requires more proactive planning and it is important to create your own safeguards through Agreements, Wills and careful financial planning.  If you would like to discuss any of the above, please speak to the relevant team by calling 01952 291666.