There is no such thing as a "common law marriage". If you live with someone, the basic rule is that you have no legal rights against them or responsibilities to them.
However, if you have made financial contributions to a property, or have a child together, things are not quite so clear cut.
Currently, the rights of people living together outside marriage or civil partnership are concentrated in two areas:
- property law in relation to shared homes; and
- the Children Act 1989, schedule I, and the Child Support Act 1989 in relation to provision for children.
There is no right to any kind of ongoing financial support, except for children, after the end of a cohabiting relationship.
In July 2007 the Law Commission released proposals for reform of the law in this area. These would give couples who have lived together limited rights in certain circumstances: those who have lived as partners for some significant duration of time, or those who have a child, would be able to apply to court.
If they had been put at a disadvantage by the relationship, or if the other party had gained some unfair advantage, they could ask for a lump sum or some adjustment of property interests from the other party.
The family law organisation, Resolution
www.resolution.org.uk has been campaigning for change for many years. In 2008 Resolution joined forces with one of the country’s most influential law makers, Lord Lester of Herne Hill QC, who has introduced a bill in the House of Lords. If it becomes law it will help thousands of cohabiting couples who currently face injustice and hardship when their relationship breaks down.
A link to the progress of the bill is
here.