There is a prevalent misconception that, after a period of time, cohabiting couples who have lived as if they are married or civil partners develop a “Common law marriage”. In some countries, this arrangement is recognised however in the UK there is no such thing as a common law marriage irrespective of how long a couple have lived together. Common law marriage in the UK is a myth. This means that couples who are living together as if they are married/civil partners do not have the same rights and protection as a formally married couple.
The lack of a mechanism for dividing assets in the law of England and Wales for unmarried couples often causes significant problems following the breakdown of the relationship. With this in mind, if you have recently separated from your partner then it is recommended that you seek professional advice from a Solicitor.
One of the most common disputes following the breakdown of the relationship arises from the ownership of the property that the couple occupied together. A nationwide Poll carried out recently by Whitestone Insight on behalf of Resolution found that 30% of couples feared they would have nowhere to live in the event of a relationship breakdown. If you are facing these problems yourself it is important you seek legal advice as soon as possible because even if the property is solely owned by one party, the other party may have an interest in any available equity in the property if they have made contributions towards the property. A common misunderstanding from unmarried couples is that they are entitled to a claim on the other’s pension if that pension is of larger value. This is not true for unmarried couples as there is only an ability to claim on the other’s pension when legally married.
Due to the significant lack of rights and protections for unmarried couples, this topic has been on the agenda for Government reform for many years. However, the Government adopted the stance that a reform of the law in Divorce needed to take place first before they would consider a reform of the law around unmarried couples. In light of this, the common problems arising for unmarried couples following the breakdown of the relationship are not going to be resolved any time soon.
If you have recently separated, or are considering a possible separation, then it is important that you seek legal advice. If you wish to discuss this further, or for advice and assistance in connection with any other family matter, please do not hesitate to contact Solicitor, Ellie Straughan by email at els@swinburnemaddison.co.uk or by phone at (0191) 307 7582.
