Cohabitee disputes in England: debunking the myth of common law marriage
In today’s society, cohabitation has become increasingly common, with many couples choosing to live together before or instead of getting married. However, when cohabiting couples face disputes or separations, questions often arise regarding legal rights and entitlements. One common misconception is the notion of a “common law wife” or “common law husband.” In this article, solicitor Denise Bullock from Lennons’ family law team looks at cohabitee disputes, shedding light on the legal standing of unmarried couples.
Understanding cohabitee disputes
Cohabitation disputes involve legal issues related to property, finances, and children when an unmarried couple decides to separate. Unlike married couples, cohabiting partners do not have the same legal protections and rights, making it crucial to understand the implications of cohabitation.
Property rights
One of the most significant areas of contention in cohabitee disputes is property rights. Contrary to popular belief, the legal system does not recognise the concept of a “common law marriage”, meaning that simply living together does not grant couples the same legal rights as married couples.
Property disputes are typically resolved based on the legal ownership of assets when a cohabiting relationship breaks down. If a property is owned jointly, the couple may need to divide the assets based on their respective contributions. However, if only one partner is listed as the legal owner, the other may need help in asserting ownership rights.
Financial entitlements
Without a formal agreement or legal recognition of the relationship, financial entitlements for cohabiting partners can be limited. Unlike married couples who may have financial responsibilities to each other, cohabiting partners must rely on existing legal frameworks, such as property ownership and child maintenance, to address financial matters.
Children and cohabitee disputes
When children are involved in cohabitee disputes, the legal system prioritises the child’s best interests. Parental responsibility, child custody and maintenance are determined based on the child’s welfare, rather than the parents’ relationship status. Unmarried fathers may need to establish legal paternity to secure parental rights.
Protecting cohabiting couples
To avoid potential disputes, cohabiting couples are encouraged to draft cohabitation agreements. These legal documents outline each partner’s rights and responsibilities, including the division of assets and financial arrangements in case of a separation. While not legally binding, these agreements can serve as a reference in disputes.
Conclusion
Despite the absence of a legal recognition of common law marriage, cohabiting couples can take steps to protect their rights and interests. Establishing clear agreements, especially cohabitation agreements, can protect in the event of a dispute. Unmarried couples need to be aware of the legal landscape and take proactive measures to safeguard their interests while navigating the complexities of cohabitation.
How we can help
At BWK our experienced family team can support and advise in relation to a cohabitation dispute. Please contact one of our family law experts via e-mail at info@bwksolicitors.co.uk or telephone on 01494 773377. We are currently offering 30 minutes free legal advice when you book an hour initial consultation. Appointments can be arranged for you at any of our offices, or virtually at your convenience.