header-logo header-logo

07 October 2016 / Sarah Greer
Issue: 7717 / Categories: Features , Family
printer mail-detail

Nothing in common

nlj_7717_greer

Cohabitating couples do not have the same rights as married couples & cannot rely on protection from “common law marriage”, says Sarah Greer

  • “Common law marriage” is not recognised by the courts in England and Wales.
  • Cohabiting couples should be advised to agree shares in the family home at the outset and to record this formally, whether on the relevant Land Registry forms or by a declaration of trust.
  • They should also be advised on the implications of owning property as tenants in common and on the importance of making a will if they co-own property in this way.
  • Cohabitation agreements are also a useful possibility, provided that both parties obtain independent legal advice.

In July the Office for National Statistics published Population Statistics by Marital Status and Living Arrangements; England and Wales 2002-2015. This showed that the percentage of cohabiting couples had increased from 6.8% of the total population in 2002 to 9.5 % in 2015, reflecting a corresponding decrease in married couples: from 54.8% in 2002 to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Landlords face fresh registration duties as procedural reforms reshape the civil courts
Sanctions can derail commercial disputes long before judgment, making early planning essential
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
back-to-top-scroll