UK Family Court·Insights for litigants in person
Gap 138

Assumption: "We lived together for years before getting married — we have the same rights as a married couple."

1 min read

This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.

What People Expect

Cohabiting couples have the same legal rights as married couples after a certain number of years together.

Court Reality

There is no such thing as common law marriage in England and Wales. Unmarried couples have almost no automatic legal rights on separation — regardless of how long they lived together. The government has proposed reforms to cohabitation law, but no change is law yet. Rights are currently governed by property law (TOLATA 1996) and Schedule 1 of the Children Act 1989.

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Bridge The Gap

The Gap?

"We lived together for years before getting married — we have the same rights as a married couple."

Court Reality

There is no such thing as common law marriage in England and Wales. Unmarried couples have almost no automatic legal rights on separation — regardless of how long they lived together. The government has proposed reforms to cohabitation law, but no change is law yet. Rights are currently governed by property law (TOLATA 1996) and Schedule 1 of the Children Act 1989.

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Published15 June 2026Last reviewed31 August 2026

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