The number of marriages decreased by 20.8% between 1992 and 2022, with a significant drop of 61% in 2020 due to the COVID-19 pandemic. 

The proportion of adults married or in a civil partnership has also fallen below 50% for the first time in England and Wales, according to Office for National Statistics data. 

Not every couple decides to get married. You may still own property or assets together though while you are living together and if you were to separate, you may not agree how these assets are to be divided. In addition, you may have property or assets which you may want to keep separate and protect for the future.

We are increasingly advising our clients to enter into cohabitation agreements, as they show a clear intention of how the finances will be dealt with during the relationship and after. We hope the latter will not be necessary, but unfortunately it is best to cater for every eventuality. They are like pre-nuptial agreements, but for cohabitants.

If you wish to speak with someone regarding Cohabitation Agreements or advice on other family or matrimonial matters, please contact our compassionate and caring team for advice.

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Even couples who have been in a relationship for decades and share children and a home are potentially left with no rights unless they have a cohabitation agreement in place.

Kate Booth, Head of our Family and Matrimonial team notes that there are still a surprising number of people who were unaware of their vulnerable positions until it was too late.

People are approaching us for help at a time when they are already at one of the lowest points of their lives, but if they weren’t married and didn’t jointly own a property. when they were together, we can’t always offer them good news.

We advise unmarried couples living under the same roof to seek legal advice in the early days to draw up a cohabitation agreement potentially saving both parties further anger and pain if they break up.

A cohabitation agreement can be really helpful, and not just in case a couple separates.  It can outline how they own a property, and how they will contribute to the home.

The government recently rejected calls to reform Family Law in England and Wales to give better protection to the increasing number of cohabitees affected by break-ups.

Even those with children have no extra rights, meaning all they may be able to claim from a former partner is child maintenance.

Common law spouses as they are generally understood by the public are misconceptions. Living with a partner – no matter how long the relationship might last does not generate the rights that many people believe.

The common assumption – especially in cases where you have lived together a long time – even 20 or 30 years – and have children together – is that you have acquired rights against your former partner’s property, pension and income, but this is not the case.

It has caught a lot of people out over the years, and we have been approached by people who have found themselves in a difficult situation as a result.

You are very limited in what you can do as a former cohabitee without that legal agreement and with over 3.6 million people cohabiting in the UK it is important that awareness of this is raised.

It’s not very romantic and nobody likes to think about these things, but what we always advise clients who come to us for advice is to deal with it at the outset. Get a formal cohabitation agreement in place to give both parties peace of mind.

For more information on cohabitation agreements or any other Family & Matrimonial Law matter, please contact our friendly, compassionate team to see how we can assist.

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If a partner dies without leaving a Will, then rules, called the intestacy rules, state who inherits their assets and there are no automatic rights for couples who are not married or in a civil partnership to inherit, regardless of the length of their relationship.  This could leave a partner in a difficult and uncertain situation.

The intestacy rules do not allow for modern families because as well as not providing for partners, they do not provide for stepchildren (only natural or adopted children).  Married or civil partners take priority (although they do not always receive everything), then children, parents, siblings then other relatives.  These are not always the people who you would wish to inherit your assets.   

Assets owned jointly, will usually pass automatically to the surviving owner regardless of the provisions of a Will or the intestacy rules, but only if the joint asset is owned as ‘joint tenants’.  Many do not realise that if you own a joint asset as ‘tenants in common’ then it will not automatically pass to the survivor and passes in accordance with a Will or the intestacy rules.

Whatever your circumstances, it is always important to take legal advice and complete a Will to make sure your loved ones are protected.  Please get in contact with our friendly Private Client Department who would be happy to talk you through the best advice to suit your circumstances.

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