Many people believe that if they live with their partner for a long period of time, they will automatically gain the same legal rights as a married couple. This is often referred to as a “common law marriage”. However, in England and Wales, common law marriage does not exist.

This misconception can have serious consequences when unmarried couples separate.

Do Unmarried Couples Have the Same Rights as Married Couples?

No. Married couples have legal protections when their relationship ends. The court has wide powers to redistribute assets and make financial orders under the Matrimonial Causes Act 1973.

Unmarried couples do not have access to this framework.

What Happens If Unmarried Couples Separate?

If an unmarried couple separates, there is no automatic right to:

· Financial support from a former partner

· A share of property owned by the other partner

· Pension sharing

· A division of assets simply because the relationship lasted many years

Instead, disputes about property are usually dealt with under trust and property law, which can be complex and fact-specific.

The outcome can often depend on issues such as:

• Whose name is on the property title
• Whether there was an agreement about ownership
• Whether one party made financial contributions
• What the parties intentions were when financial contributions were made

What If We Have Children?

The law treats financial support for children separately. Parents remain financially responsible for their children regardless of whether they were married. Child maintenance is typically dealt with through the Child Maintenance Service.

In other circumstances, a parent may also be able to apply to the court for financial provision for a child under the Children Act 1989. Under this legislation, the court can make orders such as lump sum expenses relating to the child, provision of housing for the child and the parent they live with, and payment of school fees or other specific costs.

Importantly, these orders are made fort he benefit of the child rather than the parent. For example, if housing is provided through the court, it is often on the basis that the property returns to the other parent once the child reaches adulthood.

Can Unmarried Couples Protect Themselves?

Yes. There are steps couples can take to clarify their intentions and protect their interests.

These may include:

• Cohabitation agreements
• Declarations of trust in relation to property
• Ensuring both parties are properly reflected on property ownership documents
• Taking advice early can help avoid disputes later.

How We Can Help

At Berry Smith, our family law team regularly advises clients on their rights following the breakdown of unmarried relationships. We can assist with resolving property disputes, advising on financial provision for children, and helping couples put agreements in place to protect their position.

If you are living with a partner and want to understand your legal rights, or if your relationship has come to an end, obtaining early legal advice can make a significant difference.