There is no such thing as common law marriage in England and Wales. This is one of the most dangerous legal myths in the UK. If you live with a partner for 2, 10, or 30 years without marrying or entering a civil partnership, you have no automatic financial rights against each other when the relationship ends — regardless of what you contributed.
Over 3.6 million couples in England and Wales cohabit without being married. The vast majority have no legal protection. When these relationships end, the financial consequences can be devastating — particularly for the lower-earning partner who may have sacrificed career progression to raise children or support the other's career.
| Right | Married couples | Cohabiting couples |
|---|---|---|
| Financial claims on separation | Yes — court applies fairness principles | No — property and trust law only |
| Spousal maintenance | Yes — court can order | No — not available |
| Pension sharing | Yes — Pension Sharing Order available | No — not available |
| Home rights | Yes — Family Law Act 1996 | No — legal owner only |
| Inheritance on death without a Will | Yes — intestacy rules | No — partner gets nothing |
| Children financial claims | Yes — Schedule 1 Children Act 1989 | Yes — same right |
When cohabiting couples separate and cannot agree on property, either party can bring a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). The court looks at:
TOLATA claims typically cost £10,000–£50,000 in legal fees and take 1–3 years. The outcome is uncertain and the court cannot apply the fairness principles it uses in divorce proceedings.
A Cohabitation Agreement is a legally binding contract that sets out how you will manage finances, property, and shared life, and what happens if the relationship ends. It is the single most important document an unmarried couple can have. It is actually stronger legal protection than a prenuptial agreement because it is a straightforward contract, not subject to the discretionary judicial override that prenups face.
If unmarried couples have children, either parent can apply to the court for financial provision for the children under Schedule 1 of the Children Act 1989 — including orders for housing, lump sums, and periodical payments. These rights exist regardless of marital status and are the most significant financial protection cohabiting parents have.
DocPilot's Cohabitation Agreement covers all three property scenarios (rented, sole-owned, jointly owned), shared expenses, pre-existing assets, and what happens on separation. Executed as a deed — legally enforceable.
Get Cohabitation Agreement — £14.99 →Stay Current
When the law changes we send a plain-English update. No spam, unsubscribe any time.