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
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