Common Law Marriage; does it exist?

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,