Our website uses cookies to help provide you with a good experience when you browse our website and to distinguish you from other users.

Learn more about our cookies policy here.

Accept and continue >
Search

Divorce law blog

Safe as houses? The unmarried couple and the family home


05/04/2017   By: Nick Stone
“We’ve lived together as common-law spouses, do I have rights over my home now we’re separating?” Not necessarily. As shown by our recent survey, many people believe that unmarried couples who live together for a number of years have the same rights to property and financial support on separation as married couples. But there is no such thing as a common law marriage and the laws applied to divide a cohabiting couple’s property are very different from the laws used to divide a married couple’s assets.

Read more »


Myth of the common law marriage leaves cohabitees vulnerable, a new survey reveals


04/04/2017   By: Alison Bull
A recent YouGov survey commissioned by us here at Mills & Reeve highlights that many people who are unmarried but live with their partners do not fully understand their legal positions and have no idea what rights they would have if they were to separate in due course.

Read more »


The Common law marriage myth


21/04/2015   By: Andrew Moore
A few years ago a British Social Attitudes survey showed that 51% of participants thought that unmarried couples living together for a period of time would have a “common law marriage”, giving them the same legal rights as married couples. The reality is that such a concept has not existed in England and Wales since 1753.

Read more »


The rights of the cohabitant: the unsettling reality


15/02/2013   By: Andrew Moore
What the vast majority of cohabitants will not be aware of is the huge difference between the financial rights they have when their relationship breaks down as compared to married couples. Those cohabitants who cling to the idea that they are in a “common law marriage” and will be “ok”, need to know that common law marriages have not existed since 1753 and the laws that apply to them on separation can be very unfair indeed.

Read more »