“Common law marriage” - The myth that causes real problems

One of the most common things we hear from separating couples is:

“We've lived together for years — so we're basically married.”

Unfortunately, that's not how the law works in England and Wales.

There is no such thing as a “common law marriage”, no matter how long you have lived together. The Government makes this clear here: https://www.gov.uk/separation-divorce

This often comes as a shock — especially to someone who has given up work to raise children or contributed financially in different ways.

So, what are your rights?

Property: who owns what?

If you are not married or in a civil partnership, property ownership is determined by:

Whose name is on the legal title
Whether there was any agreement about ownership
Financial contributions made
Evidence of shared intention

If your name is not on the property deeds, you may still have a claim — but it is not automatic. These cases often fall under the Trusts of Land and Appointment of Trustees Act (TOLATA).

Citizens Advice has a helpful overview of separation rights for unmarried couples: https://www.citizensadvice.org.uk/family/how-to-separate1/

What about finances?

Unlike divorce, there is no automatic right to:

Spousal maintenance
Pension sharing
Division of assets

Each party generally keeps what is legally theirs.

This can feel unfair — particularly where one partner earned more or controlled finances.

Children are different

When it comes to children, the law focuses on the child's best interests, not the parents' marital status.

Both parents can apply to court regarding:

Child arrangements
Financial provision for children
Parental responsibility

You can read more about parental responsibility here: https://www.gov.uk/parental-rights-responsibilities

Should you consider a formal agreement?

If you are separating, it may be sensible to consider:

A Separation Deed
A Living Together Agreement (if you remain cohabiting but want clarity)
A formal agreement about children

These documents can help prevent future disputes and give both parties peace of mind.

Find out more about how we can help:
Separation Deed Package
Cohabitation Fixed Fee
Parenting Plan

The key takeaway

Living together does not create the same legal rights as marriage. But that does not mean you are without options.

If you are unsure where you stand, getting clear legal advice early can save a great deal of stress — and cost — later.

If you are separating from a partner and are not married, speak to our specialist team at Family Law Consultants for clear, practical advice tailored to your situation.

📞 Call us on 0333 920 5911
📩 Or request a call back to book your consultation.

Written by Joanne Bennett