The Law and Unmarried Couples
There has been an increasing trend of unmarried couples in England and Wales preferring to live together and raise children, without the need of having to get married. Unfortunately, the English law has not kept up with this common trend and offers limited legal protection to unmarried couples.
Unmarried couples are not offered the same legal status or rights on separation as their married counterparts. Most cohabiting couples are under the impression that they are protected by the common law, however, in the eyes of law, an “unmarried couple” are recognized as two separate individuals with no automatic right to a share in property belonging to the other or maintenance payments in the event of separation. Additionally, if one of the cohabiting partners dies without a will, the surviving partner will not inherit the deceased’s estate or be able to make a claim against it.
Cohabiting relationships get very limited recognition in law, and therefore may not be able to expect a fair division of assets. There is a huge disparity between the rights of married and unmarried couples in the UK. In fact, UK courts do not follow a clear framework when deciding on the matters of cohabitees/unmarried couples. Many people are under the assumption that if they are in a relationship for a longer period, they will automatically have the same rights as married couples. However, this is not the case and the lack of definitive legal provisions have made the separation of unmarried couples complex.
Commonly, when an unmarried couple split up, they retain what they already own. If the couple has purchased any property jointly, they will get a share according to the contributions made. The common disputes amongst cohabitees arise over the ownership of assets and family home. If the assets are in one party’s sole name, the other party may not have any legal right to make a claim against it. If they have contributed financially, the court may give a share to reflect to the contribution.
Conversely however, if the unmarried couple has children, they have rights similar to that of married couples i.e. being able to claim financial assistance limited to the welfare and needs of the children.
Cohabitation Agreements
Unmarried couples in a long-term, committed relationship should endeavor to create and sign a cohabitation agreement to protect themselves from uncertain outcomes following a separation. A cohabitation agreement outlines each person’s obligations and how the assets will be divided should the relationship break down.
