Many couples believe that if they are living together, much in the same way as married couples do, that they are protected, in much the same way that married couples are.
This is false.
It is important to consider the difference in rights when comparing marriage to cohabitation, so that you can be aware of your legal status should the relationship come to an end.
Currently, UK law makes clear that the only way for a couple that is living together to achieve the same rights as a married couple is to enter into a civil partnership. This can be entered into by same sex and opposite sex couples.
This does not change, even if; you have lived together for a long period of time, you have children or have bought a house together.
Without marriage or a civil partnership, you have no claim for maintenance for yourself and no claim against any assets in the other party’s sole name and no entitlement to property. It should be noted that if you have children, you do have a claim for them.
What is the difference between cohabitation and marriage/civil partnership?
It must be made clear that outside of a marriage or civil partnership, the law does not recognise any other relationship in any meaningful way.
This thereby results that if the relationship breaks down, there is very little protection for the partner of less wealth than the other.
If married couples divorce or there is a dissolution of a civil partnership, both partners have a legal right to maintenance and their share of assets. If you are cohabiting, you do not have any of these rights, regardless of how long you have been together and whether you have children.
Currently, the only way for cohabiting couples to gain legal protection in the event of a break-up is to be either: –
- Married
- In a civil partnership
- Enter into a Cohabitation Agreement.
A cohabitation agreement can grant cohabiting couples legal protection, allowing them to legally define and protect their share of the property should they decide to end the relationship, along with many other financial matters.
If you cohabit rather than marry or enter into a civil partnership, and do not have a cohabitation agreement, please be aware of the following;
- You have no automatic rights to your partner’s property in the event of their death
- You have no automatic entitlement to inherit their estate, even if you have children
- You will receive no tax reliefs or exemptions that spouses and civil partners do, including pensions
Entering into a marriage and civil partnership automatically imposes rights that are recognised under UK law.
If you are cohabiting and do not intend nor wish to marry, nor enter into a civil partnership, you should give full consideration to entering into a cohabitation agreement to ensure that you have protection should the relationship come to an end. A cohabitation agreement can be drawn up by Jemma to suit your specific requirements and she is able to give you all the advice you need.
Please consider the below article for more detail regarding Cohabitation Agreements:
I’m Cohabiting – Do I need a Cohabitation Agreement?
If you need more help or advice on children matters, please call Jemma on 07534 175310 for advice.
Jemma Wentworth is a family lawyer who offers family law services throughout the UK as a Consultant Legal Executive for Ann McCabe Solicitors.