When you’re in a relationship and living together with your partner, you might assume that you have the same legal rights as married couples. After all, you share a home, build a life together, and may even have children. However, the legal rights of unmarried couples are very different from those of married or civil partners, and many people are unaware of how little protection the law offers to those who are not officially married.
If you’re currently cohabiting or thinking about moving in with your partner, it’s important to understand your legal rights and responsibilities. Knowing what the law says about property, finances, children, and other aspects of life as an unmarried couple can save you from unexpected issues in the future. This article will explain the legal rights of unmarried couples and offer advice on how you can protect yourself and your partner.
The Legal Status of Unmarried Couples
In the UK, unmarried couples who live together are often under the misconception that they have rights similar to married couples simply because they live together for a certain period. This is not the case. There is no such thing as ‘common law marriage’ in the UK, and living together for many years does not automatically grant you legal rights as a married couple.
The law does not recognise unmarried couples in the same way it recognises married couples or civil partners. This means that, if your relationship breaks down or something happens to one of you, you may not have the same rights that a married couple would have in similar situations.
It’s also important to note that unmarried couples have no automatic legal responsibility to each other in the event of a breakup or death.
Property Rights: What Happens to the Family Home?
One of the biggest concerns unmarried couples face is property ownership. If you live together and own property together, you might assume that the property will automatically be shared equally, especially if you’ve both contributed to the mortgage or maintenance of the home. However, the law doesn’t automatically give you a share of the property just because you live together.
When you break up, you don’t have the same legal rights as married couples to divide property like the family home. The division of property for unmarried couples is handled under Trust Law or Land Law, which is often much more complex. In some cases, you may need to prove that you have a financial interest in the property, especially if the property is in your partner’s name only.
If you’ve made financial contributions to the home, such as paying towards the mortgage or improving the property, you may have an argument to claim a share of the property. However, the courts will only decide this based on the evidence you provide, and it’s a much more uncertain process compared to what married couples go through in a divorce.
If you want to avoid potential complications in the future, it’s a good idea to make sure you have a clear understanding of who owns what. If you plan to buy a house or property together, it’s wise to seek legal advice and have a declaration of trust drawn up to clarify the ownership.
Financial Rights: Are You Entitled to Spousal Support or Maintenance?
Unlike married couples, unmarried couples do not have a legal obligation to support each other financially after a breakup. If your relationship ends, you won’t be entitled to receive maintenance from your former partner, even if you were financially dependent on them during your time together.
This can leave the financially vulnerable partner at a disadvantage, especially if they gave up their career to care for children or manage the household. Unfortunately, the law does not provide any automatic financial support for one partner after separation.
However, if you have children together, the law requires both parents to financially support them. If your relationship ends, child support may be payable through the Child Maintenance Service in England and Wales. Unmarried parents have the same responsibilities as married parents when it comes to their children, but there is no similar support available for the parents themselves.
Parental Rights: What Happens if You Have Children?
If you’re an unmarried couple with children, your parental rights will be different from those of married parents. Unmarried mothers automatically have parental responsibility for their children, which means they have the legal right to make decisions about their child’s upbringing, healthcare, and education.
Unmarried fathers, however, do not automatically have parental responsibility unless they are married to the mother. If you’re an unmarried father, you can gain parental responsibility by jointly registering the birth of your child. This means that both the mother and father will be named on the child’s birth certificate, and the father will have legal rights to make decisions about the child’s life.
If you’re not married, it’s important to understand the implications of parental responsibility, especially if the relationship breaks down or if one parent dies. Without parental responsibility, an unmarried father may have trouble making decisions for their child, such as where they live or what school they attend.
If you want to ensure that both parents have equal rights, it’s a good idea to jointly register the birth and, if necessary, seek legal advice to make sure your rights are protected.
Inheritance Rights: What Happens if One Partner Dies?
One of the most important legal considerations for unmarried couples is inheritance. If you’re cohabiting and one of you dies, the surviving partner has no automatic right to inherit any of their partner’s estate unless there is a will in place.
This is a stark difference from married couples, where the surviving spouse is entitled to inherit a share of the estate. If the deceased partner did not leave a will, the estate will be distributed according to the intestacy rules, which usually favour close family members like children, parents, or siblings. Unmarried partners do not have any claim under these rules.
However, if the deceased partner made a will and left the surviving partner out or did not provide adequately for them, the surviving partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This allows unmarried partners to request a share of the estate if the will did not make proper provision for them, but the process can be complicated, and there are strict time limits for making a claim.
To avoid these issues, it’s essential for unmarried couples to make a will to ensure that their partner inherits their assets if they wish for that to happen. This is particularly important if you have children, as you may want to provide for them and your partner in the event of your death.
How to Protect Yourself as an Unmarried Couple
While the law does not offer the same protections to unmarried couples as it does to married couples, there are several steps you can take to protect yourself and your partner in case of a breakup, illness, or death:
- Cohabitation Agreement: One of the most important steps you can take is to have a cohabitation agreement. This is a legal document that outlines how property, finances, and other assets will be divided if your relationship breaks down. It can also include provisions for the care of children and other important matters. A cohabitation agreement helps provide clarity and avoid potential disputes in the future.
- Make a Will: As discussed, making a will is crucial for unmarried couples. It ensures that your partner will inherit your assets if you pass away. Without a will, your partner may not be entitled to anything under the intestacy rules.
- Consider Joint Accounts: If you share financial responsibilities, you may want to consider opening a joint bank account. This can help you manage shared expenses like rent, bills, and groceries. However, be aware that joint accounts do come with risks, as either partner can withdraw money without consent. It’s important to communicate openly about finances and make sure you’re both comfortable with the arrangement.
- Seek Legal Advice: If you’re unsure about your rights or need help with drawing up a cohabitation agreement or will, it’s always a good idea to seek legal advice. A solicitor can guide you through the process and ensure that your interests are protected.
Conclusion
The legal rights of unmarried couples are very different from those of married couples or civil partners. While there is no automatic entitlement to property, financial support, or inheritance, there are steps you can take to protect yourself and your partner.
By having a cohabitation agreement, making a will, and seeking legal advice, you can ensure that your rights are clear and that both of you are provided for in case of a breakup or other unforeseen circumstances. Understanding your legal rights is essential for any unmarried couple living together, and it’s always better to plan ahead to avoid complications in the future.
