Around 3.5 million couples in England and Wales live together without being married or in a civil partnership. The Government is considering significant changes to the rights some of those couples could have if they separate or one partner dies.
At the moment, living together does not give you the same legal rights as being married - however long you have been together. There is no legal status of “common law marriage”.
What could change?
Under the proposals, couples who have lived together for at least three years, or who have a child together, could have new rights to make financial claims if they separate.
Importantly, this would not simply give cohabiting couples the same financial rights as married couples. The proposed system would be narrower and focused on financial needs, with legal ownership remaining the starting point.
Changes are also being considered for inheritance. A surviving unmarried partner could potentially inherit automatically if their partner dies without a Will, provided certain qualifying conditions are met.
Another significant part of the proposal is that eligible couples would automatically come within the new framework, although they could choose to opt out together.
Does anything change now?
No. These are proposals and the law has not changed yet.
For couples who currently live together, it is still important to understand what would happen if you separated or if one of you died.
For example, whose name is the property in? If you own it jointly, how is that ownership recorded? What happens to money you have each contributed? Do you have a cohabitation agreement? And do you both have up-to-date Wills?
These are much easier questions to deal with while things are going well than after circumstances have changed.
The proposed reforms could significantly change the position for unmarried couples in the future. For now, however, you should not assume that living together gives you the same rights as being married.
We will keep an eye on the proposals and explain what any changes mean as they develop.
Want to understand where you stand?
If you are thinking of moving in with your partner, are currently expecting a baby together or already live with your partner and/or have a child or children together and you are not married and are unsure what would happen if you separated or one of you died, or want to put arrangements in place now, our Family team can explain your current legal position and the options available. Contact the Parker Bullen Family team to discuss your circumstances.