The myth of common law marriage
The phrase ‘common law husband/wife’ is frequently used but common law marriage
has not existed in England and Wales since 1753. If you are living with someone without
being married, no matter how long you have been living as “husband and wife”, you
might think you have similar rights to married couples if the relationship breaks down
or one of you dies, but you would be wrong. Cohabitants have very few rights that arise
out of the relationship. You cannot, for example, claim maintenance from a cohabitant or
former cohabitant for your benefit.
The result of a breakdown of the relationship can be a financial disaster for a dependent
cohabitee. The children of such a relationship may be left at a financial disadvantage.
This can lead to a complex and often costly legal dispute when a couple split up. As the
law stands, the only solution for cohabiting couples who want legal protection should
they split is either to marry or draw up a cohabitation agreement, otherwise known as a
‘Living Together Agreement’ or ‘No Nup’.
It is no surprise, therefore, that the number of couples
signing cohabitation agreements before moving in with
one another has risen sharply in recent years.
59%
of cohabitees
wrongly believed
common law
marriage existed when
surveyed. British Social Attitudes Survey 2000
Such agreements s