Cohabitee Legal Rights: Myths, Reality & Separation Settlements
Are you in a relationship as a couple who live together, and are not married or in a civil partnership? Do you consider yourself to be a “common law spouse”? And do you think, on separation, that you have the same legal rights as a married person or civil partner?
If so, you’re amongst the 55% of over 3.5million couples who think the same - and therefore may be in for a big shock if you separate.
In the first of two articles on cohabitation, LGFL Managing Directors Rita Gupta and Anne Leiper take a look at cohabitee legal rights in England and Wales. They explore the myths, the reality and how to protect yourself and your family’s future before you separate.
Cohabitation is on the rise. In 2012, 19.7% of the population aged 16 were living in a couple who were not married or in a civil partnership. Ten years later, in 2022, this had risen to 22.7%. That equates to around 3.6 million cohabiting couples, compared to 1.5million in 1996, according to the latest stats from the Office for National Statistics (ONS).
That’s a lot of couples, both opposite and same sex, who do not enjoy the same legal rights both during their relationship and on separation as their married or civil partnered counterparts.
What is cohabitation?
According to a House of Commons Committee report into the rights of cohabiting partners:
“Cohabitants are considered to be people who live together as a couple or as partners in a romantic relationship. Cohabitation represents around a fifth of couples living together in the UK.”
The common law marriage myth
There is no such status in law as a common law spouse. You are either married or in a civil partnership, or you are cohabiting. Yet many cohabiting couples still believe that because they have lived together for some time, they gain this mythical status.
A 2019 British Social Attitudes Survey showed that 46% of people in England and Wales assumed that cohabitees were in a ‘common law marriage’. Even more concerning what at 55% of cohabiting couples with children believed in this common law marriage myth.
We cannot stress this strongly enough: those who live together but are not married or are civil partners have far less legal rights on separation. As the House of Commons report stated:
“It is staggering that so many people in England and Wales believe in the common law marriage myth. This misplaced belief in legal protections can have profound consequences for cohabiting partners—many of whom do not realise the reality of their situation until it is too late.”
Cohabitation agreements and pre-nups for cohabitees
if you are worried about your lack of rights, there is straightforward action you can take right now. At LGFL we specialise in creating cohabitation agreements, which can be drawn up and put in place at any stage during your relationship.
A cohabitation agreement is a legally binding document drawn up by family lawyers like LGFL. The agreement lays down in writing what you both bring to the relationship in terms of assets, and how these assets and any joint assets, such as property, would be dealt with should you split up. The agreement would also detail:
- Provisions made for any minor children you have, including co-parenting
- If you will take a share of each others’ assets
- How you will access to each others’ state and private pensions
- Establish your next of kin rights in a medical emergency
- Any spousal maintenance provision
- Who gets the pet/s
Many couples also use a cohabitation agreement to set some “ground rules” for their relationship, such as how to divide the bills, who is responsible for the mortgage payments, shared bank accounts, etc.
Pre-nuptial agreements (pre-nups) are not legally binding, but they are increasingly taken into serious consideration by the courts in divorce cases.
Why cohabitation agreements are good for relationships
Most couples coming to us for cohabitation agreements have absolutely no intention of splitting up. However, they recognise that if they do go their separate ways, an agreement will make things considerably easier and would avoid costly court appearances and legal costs. It would also help reduce acrimonious feelings between parents on separation, as much of the ‘nitty gritty’ of separation has been detailed.
Making a cohabitation agreement can also save a couple significant legal fees and delays, as the law relating to cohabiting couples is complex
Separation settlements for cohabitees
If your relationship had broken down and you are looking to separate, but do not have a cohabitee agreement, call us first. We can offer legal advice in a reduced fee initial 1 hour consultation, where you can discuss your circumstances and your concerns in complete confidence. We will also discuss ways forward for your separation that reduces or even eliminates the need for litigation and court appearances.
To discuss your specific circumstances, book your reduced fee initial 1 hour consultation today.
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