The Myth of ‘Common Law Marriage’

The phrase “common law spouse” is widely used, but it is a legal myth. In England and Wales, cohabiting couples do not automatically have financial claims against one another, regardless of the length of the relationship or whether they have children together. The Matrimonial Causes Act 1973 only applies to married couples, leaving unmarried partners with limited legal protection if they separate.

This can lead to uncertainty and vulnerability, especially around property rights and future financial security. That’s why it’s important to understand your legal position early on and seek specialist advice.

What Happens to Our Property?

The legal framework for resolving property disputes between unmarried couples is based on the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) (sometimes referred to as “TOLATA”) and relevant case law.

• If a property is jointly owned, the starting point is that both parties have equal shares, unless a declaration or agreement says otherwise. The burden is on the person disputing this to prove a different intention.
• If the property is in one partner’s sole name, the other partner is not automatically entitled to a share, even after many years of cohabitation. You would need to demonstrate a beneficial interest, usually by proving a trust exists, based on financial contributions or a shared intention.

This area of law is complex, and outcomes are heavily dependent on the facts of each case. Our experienced family law solicitors can guide you through your options and help protect your interests.

Speak to a Family Law Solicitor Today

Due to the sensitive nature of family matters choosing the right solicitor for your matter is essential. We therefore offer a free initial telephone consultation so you can find out more about our services and decide if we are the right fit for you. If you would like to set up a free initial call, please complete the contact form here and a member of the team will be in touch.

What About Child Maintenance?

In most cases, child maintenance is assessed by the Child Maintenance Service (CMS). The standard rate payable is calculated using the CMS calculator, and the court can only get involved in limited situations, as outlined in Section 8 of the Child Support Act 1991.

If you need help navigating child maintenance arrangements or understanding when the court might step in, our team is here to support you.

Can I Apply for Financial Support for the Children?

Under Schedule 1 of the Children Act 1989, a parent can apply for the following types of financial provision for a child:

• Unsecured or secured periodical payments
• Lump sum payments
• Settlement or transfer of property for the child’s benefit

These applications are especially relevant if the non-resident parent lives abroad, where the CMS does not have jurisdiction. We can advise on whether a Schedule 1 application is appropriate for your situation.

Should We Get a Cohabitation Agreement?

A Cohabitation Agreement allows unmarried couples to agree in advance how property and finances will be handled, both during the relationship and if it ends. You can put this agreement in place before moving in together or at any stage of the relationship.

Having a Cohabitation Agreement in place can provide peace of mind, reduce conflict, and clarify financial arrangements. Visit our Written Agreements page to learn more or speak to our team for tailored advice.
This page is intended for basic information purposes only and should not be considered a substitute for independent legal advice.

For more information or to speak with one of our specialist family law lawyers, please contact Bennett Oakley Solicitors today.