The Myth Of 'Common Law Marriage'

One of the UK's most pervasive legal myths is that of 'common law marriage'. Surveys repeatedly show that over half the population believe that a lengthy period of cohabitation and "living as husband and wife" brings them the same legal rights and entitlements as they would have had if they were formally married. This simply is not the case.

It is true that one acquires a small number of entitlements purely through an extended period of cohabitation (such as means-testing for welfare benefits, tax credits and access to non-molestation orders). Unmarried cohabitants may also be entitled to a share of their partner's estate if they were financially dependent on them or, for the two years prior to their death, had been living in the same household "as the husband or wife of the deceased". Their remedy, however, will be limited to that required for their maintenance, whereas spouses' claims are not so limited.

Unmarried cohabitation gives no financial entitlements on separation and carries none of the tax benefits or automatic entitlements on death that married couples enjoy. Where there are minor children, it may be possible for a cohabitant to make a claim as the parent of the child, but this will be limited to maintenance unless the father is...