September 24, 2025
Many couples live together for years without marrying, and it’s often assumed that this creates a “common law marriage.” In fact, the law doesn’t recognise this status, and that can lead to confusion if the relationship breaks down. At Bates Wells & Braithwaite, our solicitors, serving families in Ipswich, Hadleigh and Felixstowe, are often asked what rights cohabiting partners have compared to married couples.
Separation advice
Is common law marriage recognised in the UK?
The short answer is no. Despite the phrase being widely used, there is no such thing as common law marriage in England and Wales. Living together, no matter for how long, does not give partners the same legal rights as a husband and wife.
This can come as a shock if the relationship ends, particularly where there are children, a home, or shared finances involved. Unlike divorce, there is no automatic entitlement to a share of assets.
What happens if you separate as cohabitees?
If a cohabiting couple separates, the legal position is very different from divorce:
- Property – If only one partner’s name is on the deeds or tenancy, they usually keep the home, unless the other can prove financial contribution or interest.
- Finances – There is no right to maintenance for the former partner, although child maintenance may apply if there are children.
- Children – Both parents have financial responsibility, but arrangements for living arrangements and contact may need to be agreed or decided by the court.
- Pensions and savings – Unlike married couples, there is no automatic claim to share pensions or savings.
- Inheritance – assets will not automatically pass to a cohabitee unless under the provisions of a Will.
How does this compare to divorce?
In divorce, the court can look at the whole financial picture: property, savings, pensions, and ongoing support. The guideline starting point is 50/50 split of all assets and the aim is to reach a fair settlement between spouses. For cohabiting partners, those protections simply don’t exist, which is why clear legal planning is so important.
What can cohabiting couples do to protect themselves?
Our divorce lawyers in Ipswich and family law team recommend practical steps to avoid future disputes:
- Cohabitation agreements – A written agreement setting out who owns what and how assets should be divided if you separate.
- Declarations of trust – To record each partner’s share in a property.
- Wills – To ensure your partner is provided for if you pass away, as cohabitees have no automatic right of inheritance.
- Property deeds/title – change the property title to a joint ownership for financial security
Why take legal advice?
Because the law treats married couples and cohabitees so differently, it’s vital to understand where you stand. At Bates Wells & Braithwaite, our solicitors in Ipswich can guide you through your options, whether you’re moving in together, already cohabiting, or separating.
If you’d like to discuss your situation, contact our divorce lawyers in Ipswich today for clear, practical advice.