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In modern society, more couples than ever are choosing to live together without getting married or entering a civil partnership. Despite this shift, the law in England and Wales continues to offer little to no legal protection for cohabiting couples in the event of separation or death. Unlike married couples, who benefit from clear financial and property rights, cohabitants have no automatic claims to financial support, shared assets, or inheritance rights, regardless of the length of their relationship.

The Truth About Common Law Marriage

At IMD Solicitors LLP, we have seen firsthand the devastating impact this legal gap can have. Many of our clients have found themselves in difficult financial situations following the breakdown of long-term relationships simply because they were not legally married. The common misconception of “common law marriage” providing rights is, unfortunately, just that—a misconception.

 Legal Options for Financial and Property Disputes

To address this imbalance, we have helped numerous individuals bring claims under Schedule 1 of the Children Act 1989, which allows a parent to seek financial provision for a child from the other parent, and under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), which enables cohabitants to assert rights over property. While these legal avenues offer some protection, they are often complex, costly, and do not provide the same level of security as matrimonial law.

 Efforts to Change the Law

We understand the debate surrounding the call for change in this area, as campaigners and legal professionals continue to push for a framework that grants basic financial protections to cohabitants upon separation. Proposals include allowing financial claims where one partner has suffered economic disadvantage due to the relationship and ensuring fairer outcomes in property disputes. However, legislative progress has been slow.

How IMD Solicitors Can Support You

At IMD Solicitors LLP, we continue to support clients through TOLATA and Schedule 1 applications, helping them navigate the current legal landscape to achieve the best possible outcomes. If you are cohabiting and concerned about your legal position, it is important to seek legal advice as early as possible. Early and focused legal intervention can make a significant difference in protecting your rights and securing your financial future. Our experienced team is here to provide clear guidance and strategic solutions tailored to your situation.

For more information or legal assistance, please contact IMD Solicitors LLP today.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

To find out more about our services, visit Cohabitoation section of our website.

Call us now to discuss your case 0330 107 0107 or email us at info@imd.co.uk.