Living Together? Why the “Common-Law Marriage” Doesn’t Actually Exist

More couples than ever in the UK are choosing to live together without getting married or entering a civil partnership. It’s a perfectly normal way of life for millions—but it comes with legal risks many people don’t realise until it’s too late.

One of the biggest myths in family law is the idea of the “common-law marriage.” At BSG Solicitors, we regularly speak to clients who assume that living with a partner for a few years gives them the same legal rights as a married couple. Unfortunately, that simply isn’t true.

What Is (and Isn’t) a Common-Law Marriage?

In short: it doesn’t exist.

No matter how long you’ve lived together, how many children you have, or how financially dependent you’ve become, the law in England and Wales does not give unmarried couples the same rights as married ones.

If you split up, you don’t automatically have a right to share property, pensions or income. You could even find yourself without a legal claim to the home you’ve been living in—especially if it’s in your partner’s name and you haven’t made formal arrangements.

Why This Matters More Than Ever

Cohabiting families are the fastest-growing family type in the UK. Yet many people don’t take legal advice until a relationship ends—by which point it may be too late to protect your financial interests and living situation.

We’ve seen many cases where one partner is left in a highly vulnerable position after a breakup, often because they contributed financially or emotionally to a home or lifestyle without ever being legally recognised.

How You Can Protect Yourself

If you’re living with your partner—or planning to move in together—it’s worth taking simple steps now to avoid future problems. At BSG Solicitors, we can help you:

  • Draft a Cohabitation Agreement that sets out who owns what, how bills and responsibilities are shared, and what happens if you separate.

  • Get advice on joint ownership, particularly if you’re buying a property together.

  • Make a Will to ensure your partner is provided for in the event of your death.

  • Understand your rights if children are involved.

These conversations might not feel romantic—but they’re incredibly important if you want to protect each other and avoid unnecessary disputes later on.

We’re Here to Help – With Clear, Sensible Advice

Every relationship is different, and so is every legal situation. Whether you’re just moving in together or dealing with the breakdown of a cohabiting relationship, our experienced family law team will explain your rights clearly, answer your questions, and help you make confident, informed decisions.

Speak to the Family Law Team at BSG Solicitors

If you're in a relationship and not married, it’s vital to understand your legal position—before problems arise. A quick conversation today could save you from a lot of difficulty tomorrow.