Legal protection for unmarried couples

Contrary to popular belief, there is no such thing as common law marriage in England and Wales. Unmarried couples face different legal circumstances than those who are married or in civil partnerships, especially when it comes to separation.

Property and financial division for married vs unmarried couples

For married couples, divorce settlements are guided by the Matrimonial Causes Act 1973, often starting with a 50/50 split of assets.

However, unmarried couples lack legal protection when it comes to dividing assets upon separation. Contrary to popular belief, there is no such thing as common law marriage in England and Wales.

Disputes involving property are governed by the Law of Property Act 1925 and the Trusts of Land and Appointment of Trustees Act 1996.

Protecting property interests for unmarried couples

Unmarried couples can safeguard their property interests by creating an express written declaration in the TR1 (Transfer Deed) at the time of purchase.

If circumstances change, it’s essential to document any contributions, ideally through a trust document. Without a written agreement, courts may infer beneficial interests, which can be a complex and uncertain process.

Ultimately, no matter how long a couple have been together, raised a family and pooled their income and resources, if a property is owned in the legal name of just one party, then without the existence of any sort of trust, the person without the legal interest could be left with nothing.

The importance of cohabitation agreements

Unmarried couples can help to protect themselves by entering into a cohabitation agreement.

These agreements are a bespoke contract and can include anything that the parties would like. Usually, it includes property and any significant assets, liabilities and pensions.

Whilst a these agreements are persuasive, they are not legally binding and a judge can make different orders based on the particular facts of the case.

However, cohabitation or living together agreements provide written evidence of the parties’ intentions at the time the property was acquired/the trust created and can be highly persuasive if court proceedings are commenced.

Inheritance rights for unmarried couples

Unmarried couples have some recourse upon death, with the surviving partner potentially able to make a claim under the Inheritance Act 1975. However, to ensure that a partner is adequately provided for, it’s crucial to prepare or update a will regularly, as cohabitees are excluded under the Law of Intestacy.

Let us help you protect your future

At Thomas Mansfield, we offer expert legal advice to unmarried couples, helping you create cohabitation agreements, property arrangements and wills that protect your interests. Whether you need assistance with property disputes, wills or ensuring your legal rights as a couple, we are here to support you.