Unmarried Couples & the Common Law Myth

Many couples who are unmarried (or have not entered into a civil partnership) whether heterosexual or homosexual believe that once they have been in a relationship with their partner a specific length of time or have children together they establish legal rights. Many people even state that they are a ‘Common Law Wife or Husband’. Unfortunately, this is not the case which many people later find out if their relationship breaks down.

To be clear common law wives/husbands do not exist.

Couples who are not married do not have the same rights as married couples or those who have entered a civil partnership. The Court do not take into account how long couples have lived together or whether the parties involved believed that they had rights.

Where property / assets are jointly owned and legally registered this way, it is simple to show that you are entitled to an interest. However, where the former family home is registered in one person’s sole name, the law is particularly complex and certain requirements must be met before you can bring a claim that you are entitled to an interest in the same. In most cases financial contribution to the property must be shown, i.e. by payment of the deposit of the property, mortgage, utility bills, home improvements etc.

Separating couples should also be aware of implications of their partner bringing a claim against them even if the property is held in their sole name. Cohabitation agreements can be drafted to ensure that their property and assets are protected against financial claims on separation or alternatively can be drafted to regulate what would happen on separation in respect of property, assets, cars and even where the children should live and how often they spend time with the other parent. These agreements can be prepared for a fixed fee and can assist in avoiding lengthy and expensive Court disputes following separation.

Unmarried couples who are considering cohabiting with their partner should also consider seeking legal advice to determine how they are best protecting their assets.

If you are separating it is worthwhile meeting with a solicitor to obtain advice as to whether you are entitled to an interest in property or assets.

Gillian Lavelle offers 30 minute free initial advice appointments. Gillian is a specialist in this area and has been assisting unmarried couples for a number of years.