The Myth of Common Law Marriage
Many cohabiting couples believe they acquire rights similar to those of married couples after living together for a certain period. This is not true in England and Wales. There is no common law marriage and cohabiting couples have very limited financial rights on separation regardless of how long they have lived together.
Property
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If the property is in joint names, both parties have a share. If it is in sole name, the other party must establish a beneficial interest through a constructive trust -- by showing they contributed to the purchase price, paid the mortgage, or made other contributions in reliance on an agreement that they would have a share. This can be difficult to prove without clear evidence of the agreement.
Financial Support
There is no right to financial support from a former cohabitant after separation. Unlike divorcing spouses, a separated cohabitant cannot apply for maintenance or a share of the other party's pension. The only financial claims available between cohabitants on separation relate to property and specific financial contributions.
Children
The position regarding children is the same for married and unmarried parents. Child arrangements, child maintenance, and parental responsibility operate in the same way regardless of whether the parents were married.
What You Can Do to Protect Yourself
Before moving in together or making financial commitments, consider: a cohabitation agreement, a declaration of trust where property is held unequally, making a will, and considering life insurance. These steps provide protection that the law does not automatically give to cohabiting couples.