The short answer is no, however, there are still many misconceptions about “common law marriage” and your rights as an unmarried couple. Sharing a joint bank account, living together for more than 2 years, having your post delivered to the same address; all frequently heard theories as to what constitutes a common law marriage. But unfortunately, none of these theories, nor indeed many others, have any real relevance when it comes to your rights to share property or assets upon breakdown of a non-marital relationship.
The short answer is no, however, there are still many misconceptions about “common law marriage” and your rights as an unmarried couple. Sharing a joint bank account, living together for more than 2 years, having your post delivered to the same address; all frequently heard theories as to what constitutes a common law marriage. But unfortunately, none of these theories, nor indeed many others, have any real relevance when it comes to your rights to share property or assets upon breakdown of a non-marital relationship.
What you need to know
The concept of common law marriage is not recognised in law in England and Wales. Therefore, the ability of the courts to make an order for the division of assets outside of the Matrimonial Causes Act (MCA) is restricted. There is no “one stop shop” for dealing with housing, maintenance or your rights to a share of property owned by your partner, and so, you may find that you are forced to make several separate applications in different courts and under different legislation, which could prove to be very costly indeed. The approach taken by the courts in deciding the outcome of your case may also vary greatly to that applied in marital claims. This is because the principle of fairness, firmly established in the MCA, does not apply to claims between unmarried partners; therefore, the court must apply the relevant law(s) rigidly, regardless of whether the overall result is fair.
How to protect yourself
As a general measure, it is helpful to record what your intentions are when it comes to your family finances. Do you want to share your property equally, or should one party have a larger share? Is there anything that could change that intention – for example, having children and wanting to make sure that you provide adequately for them? A document such as a trust deed can be a quick and convenient way to record your intended share of a property, or in the case of a wider family arrangements, a cohabitation agreement can set out your intentions for child arrangements, property and finances overall. Each relationship is unique and taking legal advice at key stages is important – for example, upon purchasing a property, moving in with your partner (in a property you or they already own) or on the birth of a child.
At New Leaf Solicitors, we specialise in family law, whether it concerns married or unmarried partners. Feel free to contact us to discuss your situation and receive advice that is individual to you. Email: amytrevellick@newleafsolicitors.co.uk or tel: 01327 368921
