Common Law Marriage – An Urban Myth?

Research has shown that around half of cohabiting couples believe in the existence of 'common law marriage'.

For those of you who have not heard this term - it is the old-fashioned concept that couples who live together and are in a stable and committed relationship receive the same or similar treatment as married couples under the law.

Couples who have children are especially likely to think that they are in a 'common law' marriage. After all, what could show your commitment to your partner more than having a child together? Your relationship with your partner now has legal status, right?

Wrong.

The fact is, there is no such thing as 'common law marriage'. Due to a misguided belief in this concept, many couples fail to take steps to protect their own and their children's financial security in the event that their relationship breaks down.

On the breakdown of a marriage, the parties can claim rights to each other's assets, including property, pensions, bank accounts etc. It does not matter who legally owns these -they can all potentially fall within the matrimonial pot. Spouses can also make claims on each other's income through maintenance orders.

For cohabiting couples, the situation is far more complicated. They will need to rely on property law and/or Schedule 1 of the Children's Act 1989. Claims in property law are decided very differently to claims under matrimonial law. Judges do not have the same kind of discretion they have when determining the claims of a married couple to arrive at a fair result, and it is much more difficult for the often financially weaker party to make out an interest in property that they do not legally own.

In order to prevent this situation arising in the first place, it is advisable to enter into a Cohabitation Agreement. This is an agreement that sets out the way yours and your partner's finances are arranged during, and crucially, on the end of your...