Living Together
There is no such thing in English law as a “Common Law Marriage”. It is a popular misconception that partners acquire certain financial rights and responsibilities towards one another simply by living together for a certain length of time. In fact, if you are not married, then your position is likely to be very different from your position had you married. The wide discretionary powers under the divorce legislation will not apply to you.
Unmarried partners cannot claim maintenance from one another (except for child maintenance, which is payable whether or not you have been married). Partners who have not been married cannot split pension assets between them. Divisions of property and assets which are held by either party or which have been bought during the relationship will have to be divided on the basis of more rigid principles of property and trust law.
If you are buying a house together but do not intend to marry then it is vitally important that you discuss and agree exactly how you will own the property and what will happen should you separate or when one of you dies. Prevention, in the form of looking ahead and planning, is so much better than cure (attempting to unravel the ownership of the property should you separate).
Where two unmarried partners have children together then the provisions of the Children Act can be used to ensure that children are properly provided for financially whilst they are growing up.
Franklins can give you specific advice on how best to arrange your finances at the outset of a relationship. We can also advise you and negotiate on your behalf at the end of a relationship. If necessary, we can bring proceedings on your behalf under the Trusts of Land and Appointment of Trustees Act and/or Schedule 1 of the Children Act.
The above information is intended to provide a general guide only. Advice as to your specific circumstances should always be taken.