Common Law Marriage and Cohabitating Agreements – Dispelling the Myth

According to the Office for National Statistics, cohabiting couple families are the fastest growing families in the UK, with 3.3 million living as cohabiting partners out of 12.9 million family households in the country.

However, even with such a large number of cohabiting families, there are many who do not yet know where exactly they stand in the country’s legal system.

In fact, there’s a common misconception amongst such families, that as cohabiting partners, both individuals in the couple have the same legal rights as a married couple. However, this is only a myth. Cohabiting couples have no automatic rights; neither do they have many legal options to turn to if the relationship ends.

Let’s discuss this in detail.

Understanding Common Law Marriage

In other countries, couples that have been living together for a long time i.e. they have a long standing relationship and even children together, have the same rights as a married couple and are known as common law spouses.

Unfortunately, in UK’s legal system, there are no such laws as yet, even though calls for revision for this area of law have been made. However, this isn’t to say there aren’t any legal rights for such couples. While there is no concept of common law marriage in the UK, many couples have taken an alternate route by using cohabitation agreements to protect themselves.

What is a Cohabitation Agreement?

Your main goal when creating a cohabitating agreement is to protect yourself financially while in a relationship. A cohabitation agreement helps you achieve that.

This agreement is a legally binding document signed by the couple, which allows both members of the party to state their intentions clearly regarding all aspects of their relationship. This will cover finances, assets, arrangements for children, pension sharing and any other legal obligations whilst in a relationship and in case the relationship breaks down.

Seeking Legal Advice

Devising the details of a cohabitation agreement can be tricky. It is therefore recommended that you take legal assistance from a reliable firm, so that you know your rights.

Wembley Solicitors is at your service! As a leading law firm in the UK, we assist clients on all matters regarding legal aid, from representing clients in car accident claims, to helping people get the UK residence card. We also extend our services to couples who need a solicitor to handle their cohabitation agreement.

Contact Wembley Solicitors at 02034173700 and tell us about your case!