More and more couples are choosing to live together without getting married.

With cohabitation becoming increasingly common, it’s essential to understand the legal distinctions between cohabitation and marriage in the UK.

These differences can have significant implications, particularly when it comes to property rights, inheritance, and parental responsibilities

So, what does the law say about unmarried couples? And why might you want to consider a Cohabitation Agreement?

Property rights – What happens to your home?

One of the most significant differences between marriage and cohabitation concerns property rights.

For married couples, the situation is relatively clear-cut. Although neither spouse has automatic rights to the other’s property during the marriage, if the relationship ends in divorce, the courts have the power to fairly divide their assets.

This includes the family home, regardless of whose name is on the deeds. The division takes into account factors such as the length of the marriage, each person’s financial and non-financial contributions, and the needs of any children.

On the other hand, for cohabiting couples, the situation is different. If the property is owned by one partner, the other partner doesn’t automatically have a right to a share of it if the relationship ends.

Even if you’ve been contributing to the mortgage or other household expenses, your legal claim to the property may be limited or non-existent.

Without a formal agreement, you could find yourself at a disadvantage if the relationship breaks down.

Inheritance – What happens if the worst occurs?

When it comes to inheritance, being married offers considerable protection.

If a married person dies without a will, their spouse is entitled to inherit under the rules of intestacy.

Unfortunately, this protection does not extend to cohabiting couples. If one partner in a cohabiting relationship dies without a will, the surviving partner has no automatic right to inherit anything.

The estate may pass to the deceased partner’s relatives, such as their children, parents, or siblings — even if the couple has lived together for many years.

This lack of inheritance rights can cause both emotional and financial strain during an already difficult time.

If you’re cohabiting, making a will should be a top priority to ensure that your partner is provided for in the event of your death.

Parental rights – The impact on children

Parental rights and responsibilities can also differ significantly between marriage and cohabitation.

In the UK, when a child is born to a married couple, both parents automatically have parental responsibility. This means they share equal rights and duties regarding the child’s upbringing.

For unmarried couples however, this is not the case. Instead, the mother automatically has parental responsibility from the child’s birth, but the father only gains this responsibility if he is named on the birth certificate.

If the father’s name is not on the birth certificate, he can only acquire parental responsibility through a formal agreement with the mother or a court order.

Should the relationship end, an unmarried father without parental responsibility may face difficulties in exercising his rights, making an already complex situation more challenging and costly.

Why should you consider a Cohabitation Agreement?

Given the legal disparities between marriage and cohabitation, a Cohabitation Agreement can be invaluable for unmarried couples.

This legally binding document sets out how assets, property, and responsibilities will be handled during the relationship and in the event of a separation.

A Cohabitation Agreement can cover a range of issues, including:

• Property ownership – Clarifying who owns what and in what proportions.
• Financial arrangements – Outlining how household expenses will be shared.
• Inheritance intentions – Ensuring your partner is provided for in the event of your death (though it is still advisable to draft a will).
• Parental responsibilities – Defining how children will be cared for if the relationship ends.

While these topics can be difficult to discuss, having a clear agreement in place can prevent misunderstandings and disputes later on.

It’s a way to protect both partners and ensure that everyone’s interests are respected.

Making informed decisions

When it comes to deciding whether to get married or cohabit, it is a deeply personal choice, but it is also important to be aware of the legal implications of each option.

As highlighted above, cohabiting couples do not have the same legal protections as married couples, which can lead to significant challenges if the relationship ends or if one partner passes away.

By understanding the differences in property rights, inheritance laws, and parental responsibilities, and by considering a Cohabitation Agreement, you can protect your relationship and your future.

Whether you’re planning to cohabit or marry, seeking legal advice is essential to making informed decisions that protect your interests.

With a new Government in parliament, there could be some changes coming to the rights of cohabitating couples, so make sure you look out for any updates in the upcoming months.

If you’re weighing your options or need assistance with drafting a Cohabitation Agreement, our experienced legal team at Ansons is here to help.

Contact us today to discuss your situation and ensure you’re fully informed and protected.