1 April 2025
As wedding season approaches, many couples are considering their next steps. Whether planning a wedding or living together, it’s crucial to understand the legal differences between marriage and cohabitation.
Cohabitation
Cohabitation, or living together without marriage, is becoming more common, allowing couples to share a life without the formal commitment of marriage. However, it offers fewer legal protections.
In the UK, there is no ‘common law marriage’, meaning living together doesn’t grant the same rights as marriage. If a cohabiting couple separates, neither party automatically has rights to property or assets unless specified in an agreement, such as a cohabitation contract. Disputes over property can be complicated and may require legal help.
Cohabiting couples also lack automatic inheritance rights. If one partner dies without a Will, the other may not inherit anything, unlike married couples who automatically inherit each other’s estates.
Marriage
Marriage, on the other hand, offers a higher level of legal protection and clarity, especially when it comes to separation or divorce. Married couples in the UK are granted a range of legal rights that cohabiting couples do not have, including shared ownership of property, pension rights, and access to joint benefits.
When a married couple separates, both parties have the right to seek a fair division of assets and property. In the case of divorce, the courts consider the contributions of both parties, including financial and non-financial contributions (such as child care) to ensure a just distribution of assets. Spousal maintenance may also be awarded, particularly if one spouse has been financially dependent on the other.
Marriage also provides protection if one partner becomes ill or passes away. Married couples automatically inherit each other’s property (in the absence of a will), and spouses can make medical decisions for one another if one is unable to do so. These rights do not automatically apply to couples who are just living together.
What’s best for you?
The decision of whether to live together unmarried or to marry ultimately depends on your personal circumstances and preferences. For some couples, the idea of marriage offers peace of mind and legal security, especially if children are involved or if there are significant shared assets. For others, living together without marriage feels more suitable, especially if both parties are financially independent and prefer a more flexible arrangement.
However, it’s crucial for couples living together to be aware of the limitations of cohabitation and consider putting agreements in place to protect their interests. For example, a cohabitation agreement and/or declaration of trust can clarify property ownership, finances, and other arrangements in case of separation, ensuring both parties are on the same page.
For married couples, a post-nuptial agreement or a pre nuptial agreement for couples contemplating marriage can also be an option to address similar concerns, offering clarity on financial matters and asset division if the relationship faces difficulties.
Contact us
If you’re uncertain about your options, it may be worth exploring a cohabitation agreement, pre-nup, or post-nup to help protect your future together. Get in touch with Maryam today on 01494 781359 or email maryam.abbasi@blasermills.co.uk.