Rights of Cohabiting Unmarried Couples in England & Wales (2025)
Cohabiting but not married? You’re not alone – millions of couples in England and Wales choose to live together without tying the knot. In fact, the number of cohabiting couples has more than doubled since the 1990s (around 3.6 million couples by 2021)committees.parliament.uk. Yet the law hasn’t entirely caught up with this modern reality. Many people still believe in the common-law marriage myth – assuming that living together for a long time or having children gives unmarried partners the same rights as married spouses. Unfortunately, this is not the casekeystonelaw.comcommittees.parliament.uk. Unmarried couples have far fewer legal rights in areas like property, finances, and even some aspects of children’s matters. This blog will explain in plain, supportive language what rights cohabiting (but unmarried) partners do and don’t have in 2025. We’ll debunk common misconceptions and look at issues around property ownership, financial claims on separation, child arrangements under the Children Act 1989, and the legal status of Islamic marriages under Sharia law that aren’t registered civilly. Along the way, we’ll provide examples, answer FAQs, and give practical advice. If you’re separating from a partner or moving in together, this guide is for you – and remember, Zain Legal & Co is here to help with warm, professional support every step of the way.
The “Common-Law Marriage” Myth in the UK
One of the biggest misconceptions is the idea of “common-law marriage.” You might have heard that if you live with your partner for a certain number of years or have a child together, you become “common-law” spouses with the same rights as if you were married. This is a myth. In England and Wales, simply living together does not create a legal marriage or any automatic rights keystonelaw.com. No matter if you’ve been cohabiting 2 years or 20 years, the law does not recognize you as married. A 2022 parliamentary report found 46% of people (and 55% of those with children) mistakenly assume that cohabiting couples have a “common law” marriage with legal protectionscommittees.parliament.uk – a belief that can lead to nasty surprises.
So what does this mean in practice? Essentially, unmarried cohabitants have to rely on general laws, not special “spousal” rights. Unlike a married couple, you don’t automatically share ownership of each other’s property, money, or pensions just because you live togetherhowells.law. You don’t get the benefit of special inheritance rules, tax breaks, or the ability to ask for maintenance (financial support for yourself) if you split upse-solicitors.co.uk. In the eyes of the law, you are treated as two separate individuals, not as one unit, no matter how long your partnership has lasted. This lack of formal legal status can leave the more financially dependent partner vulnerable if the relationship endscommittees.parliament.uk.
Example: Sarah and Tom have lived together for ten years and have one child. Many friends joke that they’re basically married in all but name. However, if they break up, Sarah cannot claim spousal support or a share of Tom’s pension the way she could if they were married. And if Tom were to pass away without a will, Sarah (as an unmarried partner) wouldn’t automatically inherit anything – his estate would go to his blood relatives under intestacy rules, leaving her with nothing. This example shows how crucial it is to understand that “common-law marriage” offers no legal protection.
The key takeaway is: living together gives you some rights (mostly those any individual would have), but it does not give you the legal privileges of marriage. Knowing this sets the stage for understanding specific issues around property, finances, and children, which we’ll explore next.
Property Rights for Unmarried Cohabiting Couples
One of the most important areas to understand is property rights. Unlike married couples – where both spouses often have a claim in the family home regardless of whose name is on the title – unmarried couples’ property rights depend largely on ownership paperwork and contributions. If your home is rented, whoever is named on the lease has the legal tenancy rights. If you bought a house together and both your names are on the deeds, you are either joint owners or have shares as tenants in common, and that generally determines what you each own. But if the house is only in one partner’s name, the other partner does not automatically have a right to a share of it, even if you’ve lived there for years.
This can come as a shock to many separating couples. For instance, if John owns the house in his sole name but his partner Aisha has been living there and helping pay for renovations or bills, Aisha might feel she has an interest in the home. Under the law, however, John’s name on the title means he’s the legal owner. Aisha would have to prove she has a beneficial interest – essentially convincing a court that there was an agreement or common intention that she would own part of the property, or that she contributed financially in a way that gives her a stakedtmlegal.comdtmlegal.com. This usually falls under property and trust law (specifically, the Trusts of Land and Appointment of Trustees Act 1996, often called TOLATA). Under TOLATA, unmarried partners can ask a court to recognize their share in a property, but success isn’t guaranteed – it requires evidence of contributions (like paying towards the mortgage or significant improvements) or explicit promises/agreements about ownershipdtmlegal.com. These cases can be complex, stressful, and costly to resolve.
Example: Imagine Priya moves into her partner David’s house. The house and mortgage are in David’s name, but Priya helps by paying £500 a month towards the mortgage and funded the new kitchen installation. If they split up, Priya doesn’t automatically get half the house. She would need to bring a TOLATA claim to argue that her financial contributions and the couple’s understanding give her a share. The court would look at things like: did David and Priya discuss owning the house together? Did Priya pay part of the mortgage or significant expenses? If yes, the court might declare that the house is held in trust for both of them and award Priya a percentage interest (which could then entitle her to that share of the value or equity). If no clear evidence, Priya could walk away with nothing in terms of the house. This is very different from a divorce, where a married spouse could claim property rights regardless of title.
Joint tenants vs tenants in common: If an unmarried couple buys a home together, it’s important to note how you own it. As joint tenants, you both own 100% together (and if one dies, the other automatically inherits the whole property). As tenants in common, you each have a defined share (which can be equal or some other split) and you can leave your share to someone in your will. If you’re cohabiting, it’s wise to also have a declaration of trust or a cohabitation agreement stating your shares, especially if you put in unequal deposits. This can prevent disputes later. Remember, without a legal marriage, you only have rights to the property that you legally own or can prove an interest inhowells.law. You don’t get a “fair share” just for being partners for a long time.
Practical tip: Consider making a cohabitation agreement if you buy property together or move into a partner’s property. This is a formal document where you both state what you intend in terms of ownership and finances. It can cover who gets what share of the home, who pays the mortgage or bills, and even how you’ll handle things if you break up. While it might feel unromantic, it can save a lot of heartache and legal fees later by clarifying expectations. It’s much easier to agree on fair terms when you’re on good terms, rather than during a bitter split!
Finances and Separation (Maintenance and Money Matters)
When a marriage ends in divorce, the court has wide powers to redistribute finances – it can order one spouse to pay maintenance (spousal support) to the other, or to share pensions, or to split savings and investments to achieve fairness. For unmarried couples, none of that applies. If you separate from your partner without being married, there is no legal mechanism for one partner to claim personal financial support from the other after separation. Each of you keeps your own income, your own debts, and whatever assets are in your name (aside from the property issues discussed above and anything you owned jointly). You cannot ask a court to divide up an unmarried couple’s assets in the same way as a divorce court would for a married couplese-solicitors.co.uk.
What about shared finances? Many cohabiting couples entangle their money – for example, joint bank accounts or loans taken out together. Money in a joint account is legally owned by both of you, so if you split and can’t agree how to divide it, a court could be asked to decide each person’s share. But for accounts in one person’s sole name, the other has no right to those funds. Creditors can also go after both of you for joint debts, or just the individual for debts in one name. It’s a good idea for cohabitants to keep clear records of who paid for what, especially for big expenditures, to avoid disputes. Also consider whether you want joint accounts (which give equal access but also mean either of you could potentially withdraw everything).
A major financial consideration is pensions and benefits. If one partner dies, married spouses often get widows’ pensions or can claim bereavement benefits – cohabitants usually cannot (unless a specific pension scheme allows a nominated partner). Some pension schemes and life insurance policies let you name an unmarried partner as a beneficiary, which is worth doing to provide some security. But there’s no automatic entitlement if you haven’t made those arrangements. Similarly, unmarried partners do not benefit from the spousal inheritance tax exemption – meaning if you leave your estate to a cohabiting partner, they could face inheritance tax whereas a spouse would notlexology.com. This is why financial planning (like life insurance, wills, and possibly a civil partnership or marriage if appropriate) is important for long-term cohabitants.
Child maintenance: The one area where money will change hands is child support. If you have children together and you separate, the parent who does not live with the child most of the time is generally expected to pay child maintenance. This isn’t considered a “right of the partner” – it’s the child’s right to support. Child maintenance in the UK is usually arranged through the Child Maintenance Service (CMS) via a standard formula, unless parents agree otherwise. This applies equally whether you were married or not. However, beyond regular monthly child maintenance, the primary carer (often the mother) might need extra financial help. Unmarried parents can seek additional financial provision for children through the courts under Schedule 1 of the Children Act 1989dtmlegal.com. This law allows a parent to apply for things like a lump sum of money for the child’s needs (e.g. to buy a car or pay for education) or even an order that the other parent provides a home for the child and primary carer to live in. For example, a wealthy father might be ordered to purchase a house for the mother and child to live in until the child turns 18 (after which the house might revert to the father). The court can also order “top-up” maintenance if the paying parent is a high earner above the CMS calculation limitsdtmlegal.com. Keep in mind, these Schedule 1 applications are focused on the child’s needs – not the parent’s – but they can indirectly help the resident parent by providing housing or resources to care for the child.
In summary, as an unmarried partner you cannot claim alimony or a share of your ex-partner’s future earnings, no matter how financially dependent you were during the relationship. If you gave up your career to support your partner or raise children, this can be a difficult reality – you may feel it’s unfair that you’re left without compensation for those sacrifices. Many campaigners agree it’s unfair, and there are calls to reform the law to offer more protection (the government is considering cohabitation law reforms as of 2025howells.law). But currently, the best you can do is use property law (for property/asset disputes) and child law (for child support) to secure what you’re entitled to. This makes it all the more important to plan ahead: for example, if you’re financially dependent on a partner, think about taking out life insurance on them (with you as beneficiary), or ensure you’re named on assets like the house, or at least have a clear written agreement. And if you’re the financially stronger partner, being aware of the lack of claims might lead you both to take steps to formally share assets or income if that’s your intention, because it won’t happen by default.
Child Arrangements and Parental Responsibility
For couples with children, separating raises the critical question: What about the kids? The good news is that in terms of parental rights and responsibilities, the law is focused on the child and does not give special status to married vs unmarried parents in most regards. Both married and unmarried parents can make informal child arrangements between themselves when they split – for example, agreeing where the child will live and how much time they spend with each parent. If parents can’t agree, either can apply to the Family Court for a Child Arrangements Order under the Children Act 1989 to resolve things like custody (residence) and visitation (contact). In deciding any dispute, the court’s paramount consideration is the child’s welfare. Whether the parents were married or not generally doesn’t matter to the outcome – what matters is what’s best for the child.
However, there is an important concept called Parental Responsibility (PR). Parental Responsibility means the legal authority to make decisions about a child’s upbringing (like their education, religion, medical treatment, and name)brittontime.combrittontime.com. The birth mother automatically has PR from the moment the child is born. An unmarried father does not automatically have PR unless certain steps are taken. If the father’s name is on the birth certificate (for children born after 1 December 2003 in England & Wales), then he gains PR. If not, he can acquire PR by later re-registering on the birth certificate, signing a Parental Responsibility Agreement with the mother, or getting a court orderbrittontime.com. By contrast, if the parents were married at the time of the child’s birth (or if they marry later), the father would have PR automaticallyhowells.law. So, cohabiting dads, take note: be sure to get your name on that birth certificate or otherwise secure PR, because it gives you legal rights and responsibilities towards your child.
In day-to-day life, if you’ve both got PR, you’re on equal legal footing regardless of marital status – you should both be consulted on major decisions, and you both have the right to certain information (like communicating with the child’s school or doctors). If only the mother has PR and she’s not inclined to involve the father, the father should act quickly to obtain PR so he isn’t excluded from decision-making. The court generally grants PR to a committed father via a simple order if needed.
When an unmarried couple separates, arrangements for children can be handled in much the same way as for a divorcing couple. You can agree on a parenting plan, or use mediation to help reach an agreement. If that fails, the court can decide. Child Arrangement Orders will set out who the child lives with (one parent or shared between both) and when they spend time with the other parent. The guiding principle is the child’s welfare and maintaining a relationship with both parents if safe. The fact that you weren’t married is irrelevant to the child’s right to a relationship with both of you. The court will not favor a mother or father based on marriage; it will consider practical factors (who has been the primary carer, work schedules, the child’s wishes depending on age, etc.). Unmarried fathers sometimes worry they have fewer rights – once you have PR, you have the same legal standing to ask for custody or contact as you would if you had been married to the motherbrittontime.combrittontime.com.
It’s worth noting that child custody (residence) disputes and child support are separate. Even if, as an unmarried mother, you cannot claim financial support for yourself, the law ensures the child is provided for. Likewise, even if an unmarried father has to pay child maintenance, that payment doesn’t guarantee contact – contact has to be agreed or ordered by the court based on the child’s welfare, not “bought” by paying maintenance.
Practical tips: If you are cohabiting and have a baby, discuss and agree about the father’s Parental Responsibility early on – ideally by putting him on the birth certificate. If you separate, try to keep the children’s routines as stable as possible and communicate with your ex about the kids’ needs. There are resources like parenting classes and mediation to help co-parents work together after separation. Also, keep the children out of any conflict; the law encourages putting kids first and will appreciate parents who facilitate the child’s relationship with the other parent. If you’re worried about your rights as an unmarried parent, consult a family lawyer or a legal service (like Zain Legal & Co) for advice on how to proceed.
Islamic Marriages Under Sharia Law – Legal Status in the UK
In many Muslim communities, a Nikah (Islamic marriage ceremony) is a deeply significant act that joins a couple in the eyes of religion. However, if you only have a Nikah ceremony in the UK and do not register the marriage through a civil ceremony, the UK law does not recognize the union as a legal marriagese-solicitors.co.uk. In essence, you and your partner remain legally treated as an unmarried, cohabiting couple, with all the limitations we’ve discussed above. This has huge implications for your rights. It might surprise some – in fact, studies have found that a large proportion of British Muslim couples are in unregistered marriages, and many do not realize they lack legal protection until it’s too latese-solicitors.co.uk.
Under English law, for a marriage to be valid, it must comply with the Marriage Act formalities. A religious-only ceremony (whether it’s Islamic, Hindu, etc.) might be legally recognized if it’s conducted in a registered religious venue and all civil requirements are met. But many Nikahs performed at home or in unregistered locations, or without a subsequent civil marriage, are considered a “non-marriage.” The important case of Attorney General v Akhter and Khan [2020] EWCA Civ 122 confirmed that a Nikah in the UK, without civil registration, did not create even a void marriage – it created no marriage in the eyes of the lawse-solicitors.co.uk. This means if such a couple separates, they cannot go to the Family Court for a divorce or for financial orders as a spouse. They have to rely on the same property and cohabitation laws we’ve outlined. For example, the wife in a purely religious marriage cannot claim spousal maintenance or a share of the husband’s property just by virtue of being “married” in religion – she would have to show her name is on assets or make a TOLATA claim, etc., as an unmarried partner.
Example: Farah and Ahmed had a Nikah ceremony in their community but never had a civil wedding. They’ve been calling each other husband and wife for years. When they decide to part ways, Farah is devastated to learn that she cannot file for divorce, because legally there was no marriage. She also cannot make the usual financial claims a divorcing wife could – no matter that she saw herself as a wife. Instead, she can only claim what any cohabitant could. If the house is in Ahmed’s name, she has to prove a trust to get a share. If she was financially dependent, she has no claim for personal maintenance (though if they have a child, she can get child support). Essentially, Farah’s legal position is the same as any unmarried partner’s, not a wife’s. Had they registered the marriage, she would have had vastly stronger rights on separation.
This scenario is unfortunately common. So, what can you do if you’ve had an Islamic marriage? The best step is to ensure you also have a civil marriage ceremony or otherwise register the marriage. Many couples do the Nikah and civil ceremony back-to-back or on the same day. If that didn’t happen, you might still be able to have a civil wedding now – it can only help protect both partners. If your partner resists a civil marriage, recognize the legal risk you are in. You may want to at least make a cohabitation agreement to cover what happens if you split, and definitely each of you should make a will so that you don’t lose everything if one of you passes away (since without a legal marriage, you won’t inherit under intestacy). Additionally, women in unregistered religious marriages should be aware that they can’t go to the English court for a divorce – but they may still want an Islamic divorce (talaq or Khula) for religious purposes, which would be handled through religious authorities, not the state court.
Courts in England will treat an unregistered religious marriage couple as they would any unmarried cohabiting couple. In fact, the government and legal community have been concerned about this issue – as of 2022, there were calls for a public information campaign for religious communities about the risks of unregistered marriagescommittees.parliament.uk. If you’re in this situation, it’s crucial to take steps to protect yourself legally, because good faith and assumptions won’t hold up if the relationship ends.
Protecting Your Rights: Tips for Unmarried Couples
By now, it’s clear that cohabiting couples need to be proactive in protecting themselves, since the law offers only limited default protection. Here are some practical steps and FAQs to help you navigate these issues:
Q: How can we protect ourselves if we’re living together unmarried?
A: Consider drawing up a cohabitation agreement. This doesn’t have to be complicated or expensive – it can be as simple as a document (ideally drafted with legal help) stating who owns what and how you’ll split things if you break updtmlegal.com. You can include property shares, responsibility for bills, and even ground rules for bank accounts or savings. While it may not be 100% binding in every detail, courts do generally uphold clear agreements, and it sets expectations upfront. Also, each of you should make a will. If you want your partner to inherit anything or be your executor, you must spell that out in a will, since they won’t be treated like a spouse under intestacy laws. Likewise, look at nominating each other on any life insurance or pension death benefits, because that won’t happen automatically either.
Q: We’ve been together 5+ years – aren’t we “common-law spouses” by now?
A: No – no matter how long you live together, the law does not create a common-law marriage in England and Waleskeystonelaw.com. Your rights remain based on property law and any agreements you have. Time together could strengthen a claim (for example, if over years you contributed to property, a judge might more readily infer a shared intention), but it doesn’t by itself give you new rights. The “common-law spouse” status simply does not exist in this jurisdiction.
Q: If we separate, can I claim half of everything?
A: Not automatically. Unlike divorce, there’s no principle of 50/50 division for unmarried couples. You can only claim a share of assets that you legally own or that you can prove you have a beneficial interest in (like the house, as discussed). Money in your partner’s sole bank account is theirs. Their car is theirs (unless you bought it for them, in which case it’s legally a gift unless you agreed otherwise). Each item or asset can become a subject of dispute, but you have to show your contribution or intent to share it. It’s often wise to negotiate informally – for example, some couples agree to split joint purchases or one gives the other a lump sum as a goodwill parting gesture – but the law won’t force an equitable split of one partner’s property to the other. The exception is if you have children: the primary carer might get use of certain assets (like a house or car) for the child’s benefit via a Children Act order, but those are for the child, not a permanent transfer to the parent.
Q: I gave up my job to raise our kids – can I get any financial compensation?
A: This is a tough one. If you were married, you could likely claim spousal maintenance or a larger share of matrimonial property because of your sacrifice. But as an unmarried partner, there’s no direct claim for the years you spent out of work. You should ensure you claim child maintenance. You can also potentially use Schedule 1 of the Children Act to secure additional funds – for example, maybe your ex can be required to provide housing for you and the children until they’re growndtmlegal.com. But those provisions end when the kids become adults, and nothing is explicitly to compensate you for lost earnings or career time. This is why planning is key: perhaps re-enter work or training as soon as feasible, or have frank discussions with your partner early on about how you’ll be supported if you’re not earning. Some couples put assets in joint names as a form of security for the non-earning partner. Without such steps, the law’s default position could leave a stay-at-home partner in a precarious spot after a breakup.
Q: Is it true the law might change to give cohabiting couples more rights?
A: Possibly, in the future. There have been calls for reform – for instance, the Women and Equalities Committee in Parliament (2022) recommended an “opt-out” scheme that would give cohabitants some rights by defaultcommittees.parliament.uk. And the government indicated in 2025 that it will consult on strengthening cohabitation rightshowells.law. So change may be on the horizon. But until any new law is passed, you should act based on the current law which, as we’ve outlined, offers limited protection. Don’t assume future reform will help your situation now – it might come too late or not go as far as needed. It’s better to protect yourself with the tools currently available.
Q: We only had a religious marriage (Nikah). What should we do to be protected?
A: You should seriously consider having a civil ceremony to legally register the marriage. If for some reason that’s not an option, then treat your situation as cohabitation from a legal perspective. Make sure both of you are aware that you’re not legally married in UK law. Take the steps mentioned above: cohabitation agreement, wills, etc. If you’re the wife in an unregistered Islamic marriage, know that you have essentially the same rights (and vulnerabilities) as any cohabiting partner. There is no automatic marital right to property or support. It may also be worth consulting a solicitor about whether your marriage could be recognized (for example, if it took place in a country or setting where it was valid, it might be recognized here). Generally, though, a UK Nikah at home is not valid. For your own peace of mind, either register it or plan as though you are unmarried in the eyes of the law.
These FAQs only scratch the surface. Every relationship and breakup has unique facts, so consider seeking personalized advice for your situation. Next, we’ll explain how Zain Legal & Co can support you in these matters.
How Zain Legal & Co Can Help Unmarried Couples
At Zain Legal & Co, we understand that navigating the legal side of a relationship or breakup can be overwhelming – especially when you find out the law treats unmarried couples so differently from married ones. Our mission is to provide compassionate, clear guidance to help you understand your position and options. We offer unreserved legal services to assist cohabiting couples (or those separating) in England and Wales. Unreserved means we can help you even in areas that don’t strictly require a solicitor or barrister. For example, we can advise you on your rights, help you put together a cohabitation agreement, assist with drafting a will or a letter to your ex-partner about a property or child arrangement dispute, and guide you through applications like Parental Responsibility agreements or child arrangements orders. We can also support you in gathering evidence for a TOLATA property claim or a Schedule 1 Children Act application, and refer you to trusted family law solicitors or mediators if and when you need representation in court.
Our approach is warm, non-judgmental, and tailored to your needs. Whether you are a couple happily living together who just want to plan for the “what ifs,” or you’re facing the stress of a separation and unsure of your rights, we’re here to help. We believe that everyone should have access to legal information and support, regardless of marital status. Zain Legal & Co can help you level the playing field by making sure you aren’t caught off guard by misconceptions like common-law marriage, and by helping you take practical steps to protect yourself and your children.
Remember: Being informed is your best asset. The end of a relationship is always tough, but it can be even tougher if you were counting on rights that, in law, you simply don’t have. By learning about the realities discussed above, you’ve taken a big step toward protecting your future. If you have more questions or need assistance with any aspect of cohabitation rights – be it understanding property claims, sorting out child arrangements, or clarifying the status of an Islamic marriage – feel free to reach out to Zain Legal & Co. We’re here to provide supportive, expert help so you can move forward with confidence.