What Are My Rights As Part Of A Cohabiting Couple?
If you look at the Office of National Statistics reports on numbers of marriages in England and Wales, there’s no doubt that marriage for opposite sex couples is still following the trend of decline started in the 1970s.
As the cost of weddings (average cost is £17,600) is so high, many couples are prioritising other things such as buying a house or having children instead of a wedding and choosing to live together instead.
Boris Johnson is the first Prime Minister to step into 10 Downing Street as part of a cohabiting couple, which may demonstrate this shift in attitudes to cohabitation.
However, it’s important to be clear about the legal differences between being married and living together as you don’t have the same legal rights as a married couple when you’re living together.
Firstly, the myth of common law marriage is just that – a myth. Common law marriage simply does not exist, no matter how long you’ve been living together as a couple.
Therefore if you don’t want to get married, you’ll need to put some simple things in place to make sure that you can have similar rights to married couples.
The first thing is to make a Will. If either you or your partner dies without making a Will, the other person will have no legal right to any of your estate. Dying intestate, that means without a Will, results in the rules of intestacy being applied and they relate only to blood relations or next of kin. Having a Will in place means you and your partner can be sure that you’re both protected, no matter what happens.
You may also want to consider making a Cohabitation Agreement, also known as a Living Together Agreement. This is a document that’s drawn up by a solicitor and it outlines how you’ve agreed to share your lives together, including how you’ll care for any children you have, how you’ll share your finances and your property and all other aspects of your relationship. It can really help you both to understand the commitment you’ve made. Your cohabitation agreement can also cover what happens if you ever split up. You should remember that a Cohabitation Agreement is not legally binding.
Finally, if you’re an older couple or you’ve been diagnosed with a serious illness, you may want to consider appointing your partner as your attorney. By making Lasting Powers of Attorney, your partner can manage your property and finances and make decisions about your care and medical treatment when you can’t any more.
If you’ve decided to live with your partner instead of getting married, consider where you stand legally and take steps to make sure you’re both protected throughout.
