Many people in the UK believe that if they live with a partner for long enough, they will automatically gain the same legal rights as a married couple. This is often referred to as common law marriage, but is it legally recognised in the UK? In this guide, we’ll explain what common law marriage is, whether it exists in the UK, and what rights cohabiting couples actually have.
What is common law marriage in the UK?
Common law marriage is a term used to describe a couple who live together as if they are married, without having gone through a legal marriage or civil partnership. Many people assume that living together for a certain number of years automatically gives them legal rights, but this is a myth.
Is it legally recognised?
No, common law marriage is not legally recognised in the UK. Regardless of how long a couple has lived together, cohabiting partners do not have the same legal rights as married couples. This means that:
There are no automatic financial rights between cohabiting partners. If one partner owns the house, the other has no legal claim unless their name is on the deed or they can prove financial contributions.
There is no legal entitlement to each other’s assets or pensions if the relationship ends.
Cohabiting partners do not automatically inherit their partner’s estate if they die without a will.
Does common law marriage exist anywhere else in the world?
While the UK does not recognise common law marriage, some countries do. In parts of Canada, the United States, and Australia, couples who have lived together for a certain period may gain legal rights similar to married couples. For example:
In Canada, common law partners may have rights to spousal support and property division after a breakup, depending on the province.
In some US states, common law marriage is recognised if a couple lives together for a specific time and presents themselves as married.
However, in the UK, no such laws exist, and cohabiting couples have very few legal protections compared to married couples. You can learn more in our guide to common law couples in the UK.
What rights do cohabiting couples have?
Although common law marriage does not exist, cohabiting couples do have some legal rights - but these are limited.
Property ownership: If a house is owned in one partner’s name, the other has no automatic rights unless they can prove financial contributions.
Children: Both parents have rights and responsibilities for their children, regardless of marital status. However, only the mother automatically has parental responsibility. The father must be named on the birth certificate or have a legal agreement.
Financial support: There is no legal duty for one partner to financially support the other after separation.
Inheritance: If one partner dies without a will, the other has no automatic right to inherit their estate.
What can a cohabiting couple do to protect themselves?
Although cohabiting couples do not have automatic legal rights, there are ways to protect finances, property, and future security.
Cohabitation agreements
A cohabitation agreement is a legally binding document that outlines:
Who owns what in the relationship
Financial responsibilities, including bills and mortgage payments
What happens to assets if the relationship ends
This agreement can help avoid disputes and provide financial clarity for both partners.
Wills
Because unmarried partners do not automatically inherit, having a legally valid will is crucial. A will ensures that:
Your partner inherits your estate if you pass away
Your children or dependents are financially provided for
Any joint property ownership is properly handled
Without a will, a surviving cohabiting partner may receive nothing, as inheritance laws in the UK favour married couples and blood relatives.
Marriage
While marriage isn’t for everyone, it does offer significant legal protections. If you and your partner want the legal security of a recognised union, getting married or entering into a civil partnership is an option. Marriage provides:
Automatic financial rights in case of separation
Inheritance rights without the need for a will
Spousal support rights if the relationship ends
If you’re unsure whether marriage is the right choice, seeking legal advice can help you understand your options.
FAQs
Is common law marriage legally recognised in the UK?
No, common law marriage does not exist in the UK. Unmarried couples do not have the same legal rights as married couples.
How long do you have to live together before you’re considered common law married?
There is no legal timeframe in the UK that gives cohabiting couples marital rights. Even if you’ve lived together for 20 years, you are not considered married in the eyes of the law.
Do cohabiting partners have any legal rights?
Cohabiting partners have limited rights regarding property, finances, and inheritance. However, they can protect themselves with a cohabitation agreement and a will.
Can I get financial support from my ex-partner if we lived together?
No, unless there was a legal agreement in place, there is no automatic right to financial support after separation.
Does my partner automatically inherit my estate if we live together?
No, unless you have a legally valid will, your partner will not automatically inherit your estate.
Final thoughts
Despite the common belief in common law marriage, it sadly doesn't exist in the UK. Cohabiting couples do not have the same legal rights as married couples, which can lead to serious legal and financial issues if the relationship ends.
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