Many couples in the UK choose to live together without getting married, but few realise the legal differences between cohabitation and marriage. While marriage offers automatic rights and protections, cohabiting partners do not have the same legal status - even if they have been together for many years. In this guide, we'll explore the key differences between marriage and cohabitation, from financial rights to what happens if the relationship ends.
What is cohabitation?
Cohabitation simply means living together as a couple without being married or in a civil partnership. However, unlike marriage, cohabiting partners don’t have automatic legal rights over each other’s property, savings, or finances. You can learn more in our guide to what does cohabiting mean in the UK.
A common myth is that if you live together for a long time, you become 'common law' married - but this isn’t true. Common law marriage doesn't exist in the UK, which means that if an unmarried couple separates, one partner may not have any legal claim to property, financial support, or inheritance - unless legal agreements are in place.
What is a cohabitation agreement?
A cohabitation agreement is a legal document that outlines financial and property arrangements for unmarried couples. It can cover:
Who owns what in the relationship, including property, savings, and other assets
How household bills and expenses are divided
What happens to shared assets if the relationship ends
Financial responsibilities for children
While not legally required, a cohabitation agreement provides clarity and security for both partners, helping to avoid disputes if the relationship breaks down. Think of it as a sort of prenup for an unmarried couple.
Marriage vs. cohabitation: what’s the difference?
There are several legal differences between marriage and cohabitation in the UK, particularly regarding finances, children, inheritance, pensions, and separation.
Aspect | Married couples | cohabiting Couples |
|---|---|---|
Legal Status | Legally recognised | No legal recognition |
Financial Rights | Joint financial responsibilities | No automatic financial claims |
Parental Responsibility | Automatic for married fathers | Must be named on birth certificate |
Inheritance Rights | Automatic rights under intestacy law | No automatic inheritance |
Pension Benefits | Spouse often entitled to pension | No automatic pension rights |
Separation Rights | Assets divided fairly | No automatic claims |
Finances
One of the biggest legal differences between marriage and cohabitation is financial responsibility.
Married couples share financial responsibilities and can make legal claims on each other’s assets if they separate.
Cohabiting partners have no legal right to their partner’s income, savings, or property unless joint ownership or legal agreements (such as a cohabitation agreement) are in place.
Additionally, married couples benefit from financial advantages, such as:
Marriage Allowance: A spouse can transfer up to £1,260 of their personal tax allowance to the other, reducing their tax bill.
Capital Gains Tax relief: Married couples can transfer assets without incurring Capital Gains Tax (CGT).
Spousal maintenance: In the event of a divorce, one spouse may be entitled to financial support. Cohabiting partners have no such entitlement.
Children
When it comes to children, married and cohabiting parents are treated differently under UK law.
Married fathers automatically have parental responsibility.
Unmarried fathers must be named on the birth certificate to gain parental responsibility.
Parental responsibility gives a parent the right to make important decisions about a child’s upbringing, including education, healthcare, and religion. If a cohabiting couple separates, financial claims for child support can still be made through the Child Maintenance Service (CMS), but unmarried partners cannot claim financial support for themselves.
Inheritance
Inheritance laws significantly favour married couples.
If a married partner dies without a will, the surviving spouse automatically inherits part or all of the estate under intestacy laws.
If a cohabiting partner dies without a will, the surviving partner has no automatic inheritance rights and may need to go to court to claim a share of the estate.
Even if an unmarried couple has lived together for decades, the surviving partner will not automatically inherit anything unless specifically named in a will.
Pensions
There are major differences between married and cohabiting couples when it comes to pension rights.
Married partners are often entitled to survivor pensions, meaning they may receive a portion of their spouse’s state or workplace pension.
Cohabiting partners do not automatically receive survivor pension benefits unless they are explicitly named as a beneficiary.
Some private and workplace pensions do allow cohabiting partners to receive benefits, but they usually need to be nominated in advance.
Ending the relationship
If a married couple divorces, they are legally entitled to:
A fair division of property and assets
Spousal maintenance, depending on financial circumstances
A court-ordered financial settlement
If a cohabiting couple separates, there is no legal obligation to divide assets fairly.
If one partner owns the house, the other has no right to claim ownership unless they can prove financial contribution.
There is no legal requirement for financial support, even if one partner was financially dependent.
Child maintenance laws still apply, but only in relation to children.
Without a cohabitation agreement, an unmarried partner may have to go to court to claim a share of property, savings, or assets.
FAQs
What is the difference between marriage and cohabitation?
The main difference is that marriage provides legal rights in areas such as inheritance, pensions, finances, and separation. Cohabiting couples do not have the same automatic protections and need legal agreements to safeguard their rights.
What are the advantages of marriage over cohabitation?
Marriage offers benefits like stronger financial protections, automatic inheritance rights and spousal pension benefits. You can learn more in our guide to the legal benefits of marriage.
Can cohabiting couples get the same legal rights as married couples?
No, but they can protect themselves by:
Making a cohabitation agreement to define financial responsibilities
Writing a will to ensure their partner inherits
Naming their partner on pension and life insurance policies
Is marriage financially better than cohabitation?
Marriage can provide financial benefits such as tax relief, pension rights, and automatic inheritance. However, it also comes with legal obligations, including financial ties in the event of divorce. Cohabitation offers more financial independence but fewer legal protections.
Final thoughts
While marriage and cohabitation may seem similar, the legal differences are significant. Married couples receive automatic rights in areas such as inheritance, pensions, and separation, whereas cohabiting partners have very limited legal protection. If you’re unsure about your legal position, speaking to a family law solicitor can help you make informed decisions about your future.
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