As family lawyers, one of the most persistent misconceptions we encounter is the belief in the so-called “common law spouse.” Despite its frequent use, there is, in fact, no such legal status in England and Wales.
Cohabiting couples now represent the fastest growing family type in the UK, with over 3.5 million partners choosing to live together without being married or civil partners. This shift reflects changing attitudes and practical realities. Many couples see cohabitation as a modern, flexible alternative to marriage. Yet, when those relationships end, the law still treats partners as legal strangers, regardless of the length or nature of their relationship.
Unlike married couples or civil partners, cohabitants have no automatic rights to financial support or property division when they separate. Where property or assets are concerned, outcomes depend on strict property and trust law principles, which rarely take into account a couple’s shared contributions or intentions. This can result in unfair outcomes, particularly where one partner has taken time out of work to care for children or has contributed indirectly to the home.
Ultimately, any reform must reflect today’s social reality: many couples see cohabitation as a valid alternative to marriage, not a lesser form of commitment. It is time the law caught up, ensuring that the notion of fairness in family breakdown is not reserved only for those with a marriage certificate.
Until such changes are made, it is important for unmarried couples who live together to think about how they hold their assets and what would happen if their relationship ended. For example, ensuring that property is owned in the way both partners intend can help avoid costly disputes later on.
Many couples also benefit from creating a Cohabitation Agreement, a clear, written document that sets out who owns what, how bills are paid, and what should happen if the relationship ends. These agreements may not sound romantic, but they provide clarity, protection, and peace of mind, especially where children, shared property, or significant financial commitments are involved.
At Warners Solicitors, our Family Law team is watching these proposed reforms with keen interest and anticipation. In the meantime, we are here to help couples who would like to formalise their arrangements early on in their relationship through a Cohabitation Agreement or other legal documentation.
If you are living together or planning to move in with your partner, we would be happy to discuss your options and ensure you are protected. For more information, please contact our Family Law team on 01732 747900 or [email protected]
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published. We do not accept responsibility or liability for any actions taken based on the information in this article.
