The ‘Common Law’ Myth.
The last half century has seen seismic changes in the structure of family units in the UK and across the globe. Now it is usual for couples to live together before marriage / civil partnership and many couples choose not to marry at all.
Some mistakenly believe that by living together they still have rights as a “common law spouse”. This myth probably has its roots in the law of contracts, where it is well established that if something becomes the norm within a contractual relationship, it can be implied into a contract by “custom and practice”. This does not apply to cohabiting partners.
There are other circumstances where you might think that you are officially married, but in fact the legal marriage hasn’t taken place. For example, an Islamic marriage that takes place in a mosque not registered to perform the legal ceremony is not legally binding unless you also have a Register Office ceremony. Also, foreign marriages are increasingly common but many need to be backed up by a legal ceremony to ensure you are in fact married.
Whatever the circumstances, if you are not officially married, whether you live with your partner for 50 hours or 50 years, you are still treated as cohabitees by the Courts. So if you do separate, but don’t agree what should happen to jointly owned assets, then the civil courts will decide what should happen.
So if you are thinking about living together, we can help you by preparing a cohabitation agreement to outline what should happen to your belongings in the event that you separate.
If you already live together but thinking of separation, we can advise you on reaching an agreement setting out what happens to the assets you jointly own. We can also help you negotiate practicalities including sale or transfer of the family home, who keeps what and who stays in the house during the sale.
Our Family Law team offers free initial appointments to discuss your case. Please contact us on 01642 356500 or by emailing ECanham@jacksons-law.com; BCourtney-Walker@jacksons-law.com or HSnowdon@jacksons-law.com to arrange an appointment.
