NewsNew Year, New Relationship? What Measures Can Couples Cohabiting In 2026 Take To Protect Themselves?

As the marriage rate continues to decline, more people are choosing to cohabit. Cohabitees are couples who live together without being married or in a civil partnership.

What are the differences between married and unmarried couples upon separation?

Cohabiting couples do not have the same rights as married couples, in the event of separation. Many people believe that ‘common law marriage’ exists but it does not; no matter how long a couple have cohabited, they do not acquire the rights of married couples.

Unlike divorcing couples, cohabitees are unable to claim against their former partner’s pension upon separation. Cohabitees are also unable to claim spousal maintenance.

Upon relationship breakdown, a cohabitee’s claim shall be restricted to property and/or claims in respect of any child(ren) of the family. To put it simply, cohabitees do not have any financial obligation towards one another, from a legal perspective, when separating. However, this does not affect the financial obligation that parents have towards their children in terms of child maintenance, which is dealt with through the Child Maintenance Service.

 

So, what rights do unmarried couples actually have?

In respect of children, a party may apply, through the family court, for financial assistance from the other parent. For example, to help towards things such as housing and education. This is separate, and in addition, to the right to seek maintenance through the Child Maintenance Service.

For claims in respect of property, a cohabitee may apply to the civil court. There are an array of orders that a cohabitee can seek (some of which are referred to below) and this will depend on whether the property is owned jointly by the parties or in one of their sole names.

In respect of property owned jointly, an individual may apply for:

1. An order for sale if the other owner is not allowing the sale to proceed;
2. An order that they may remain in the property with the child;
3. An order that the parties’ intentions as to ownership of the property has changed and the equity in the property should be adjusted to reflect the parties’ subsequent intentions.

For property owned in the sole name of one party, an individual may apply to the civil court for a declaration that they have a beneficial interest in that property. If the individual’s claim is successful, then this is likely to result in a lump sum being paid to the non-owning party.

 

How can cohabitees protect themselves generally and/or in the event of a future separation?

1. Enter into a cohabitation agreement that sets out how your financial affairs, such as assets and liabilities, should be dealt with upon separation.
2. Upon purchasing a property, enter into a declaration of trust to record your shares in the property or to record a subsequent agreement regarding your shares in the property post-purchase. For example, if one party make a substantial contribution towards the purchase of the property then you could enter into an agreement that provides for them to receive this deposit back if you were to separate.
3. If one party is going to purchase a property for the benefit of you both, you should ensure that this arrangement is recorded in a legally binding agreement. It is common for a party to try to renege on this post-separation.
4. If you are going to be renting a property, ensure you are both on the tenancy.
5. Without a valid will in place, your partner will not inherit from you under the rules of intestacy. Therefore, if you wish to provide for your partner in the event of your death then you should make a will to reflect this. On the other hand, if you are separating you may wish to update your will to ensure that your former partner does not inherit your estate.
6. If you further wish to provide for your partner in the event of your death, you may wish to consider taking out a life insurance policy and/or nominating them as a beneficiary under the terms of your pension.

Here at Dunn & Baker Solicitors, we can provide you with a 30-minute free initial consultation to assist you with understanding your rights and how we can help. Please do not hesitate to contact us on 01392 285000 or via https://www.dunnandbaker.co.uk/contact/

*This is intended as a broad overview of the rights of unmarried couples and should not be considered legal advice.