Difference Between Married and Unmarried Couples

Cohabitation is the term used to refer to couples who live together, but who are not married or in a civil partnership. Cohabiting couples are becoming increasingly common, with cohabiting couple families increasing by 25.8% in the last ten years. The rate of marriage between men and women has subsequently dropped, and in 2019 the lowest number of marriages since 1888 was recorded. Cohabiting couples form the fastest growing family type in England and Wales.

It is a common misconception that cohabiting couples form a ‘common law husband or wife’. Under English law, no matter how long you have cohabited with your partner, you will not have the same rights as married couples.

There are several significant differences between married and unmarried couples which include:

These differences are particularly problematic where one party remains at home to care for the children and/or the family home, whilst the other party works, progresses their career and builds up a pension/savings. A cohabitee will not have a right to claim on their partner’s pension despite not having built up their own due to being a stay-at-home father or mother. They will also not have a right to apply for spousal maintenance despite having put their career on hold.

If you are not looking to get married or form a civil partnership, but still wish to protect yourself, you may wish to have a Cohabitation Agreement put in place. This agreement will legally record what should happen with each parties’ assets and finances should you and your partner separate. You may also wish to include child or pet arrangements. It is important to note that while a Cohabitation Agreement does offer some protection, it does not offer the same level protection as marriage or a civil partnership, i.e. you will not be able to include provision for a pension sharing order.

There have been several campaigns for cohabiting couples to receive further rights on relationship breakdown in the event of their partner’s death. The Cohabitation Rights Bill proposes a change to the current law, but it has yet to be passed through Parliament. For more information on this Bill, please visit: https://bills.parliament.uk/bills/2639.

If you require assistance with your rights as a cohabitee, or would like a cohabitation agreement drafted, please contact a member of our Family Law team on 01202 842929 or family@mjplaw.co.uk.