Cohabitation and Prenuptial Agreements
Cohabitation and Prenuptial Agreements
More couples than ever are choosing to live together without getting married or entering a civil partnership. However, the law treats cohabiting couples very differently from married couples, especially when it comes to property, finances, and inheritance. Our family law team can help you understand your rights and protect your interests, whether you are moving in together, planning to marry, or want to set out clear financial arrangements.
Legal Rights for Unmarried Couples
What Are the Legal Rights of Unmarried Couples?
Contrary to popular belief, there is no such thing as a “common law marriage” in England and Wales. Unmarried couples do not have the same legal rights as married couples, no matter how long they have lived together or whether they have children.
Cohabitation Agreements
- How property, savings, and possessions will be owned or divided if you separate
- How bills, debts, and living costs will be shared
- Arrangements for children
- What will happen to joint purchases or pets
Prenuptial Agreements
A prenuptial agreement (“prenup”) is a contract made before marriage or civil partnership, setting out how assets and finances will be divided if the relationship ends. While not automatically legally binding, courts will usually uphold a prenup if it is fair, both parties had independent legal advice, and there was full financial disclosure.
Why Consider an Agreement?
- To protect assets acquired before the relationship
- To provide certainty and avoid costly disputes
- To clarify financial arrangements and responsibilities
Key Points
- If you separate, you do not have an automatic right to your partner’s property, savings, or pension.
- Each partner keeps assets and property in their own name, unless you can prove a legal interest (for example, by contributing to the purchase or having a written agreement).
- You do not have the same rights to maintenance or inheritance as a spouse or civil partner.
- Parental responsibility and child arrangements are dealt with separately and are not affected by marital status.
