Common law marriage in England and Wales does not exist, and it costs people thousands

If you live with a partner and you are not married or in a civil partnership, you do not have a legal status called common law marriage. There is no such thing in England and Wales. The myth has been around for centuries and the consequences fall on people when a relationship ends, when one partner dies, or when one becomes seriously ill.

How widespread the belief is

The British Social Attitudes Survey, run by the National Centre for Social Research, has tracked this for years. In its 2019 report, 46% of people in England and Wales believed that cohabiting couples form a common law marriage, broadly unchanged from previous waves. Among households with children, the figure was higher.

That belief is at odds with the law. Common law marriage was abolished by the Clandestine Marriages Act 1753 (often called Lord Hardwicke's Act). Since then, only a formal marriage or civil partnership creates the legal status people think they have.

What cohabiting couples actually do and do not have

If you cohabit in England and Wales:

• You have no automatic right to your partner's property, regardless of how long you have lived together.
• You have no automatic right to your partner's pension on separation.
• You have no automatic inheritance right if your partner dies without a will (see the Administration of Estates Act 1925 rules on intestacy).
• You may not be able to make medical decisions for your partner.
• You are not entitled to a partner's National Insurance contributions for State Pension purposes.

The Office for National Statistics estimates there were around 3.6 million cohabiting couple families in the UK in 2022, the fastest-growing family type since 1996.

What the official bodies say

The House of Commons Women and Equalities Committee published a report in August 2022, "The rights of cohabiting partners", recommending Parliament create an opt-out cohabitation rights scheme. The Law Commission had already recommended reform in 2007. As of writing, neither recommendation has become law.

What you can actually do

The single most useful thing a cohabiting couple can do is write down what they have agreed, in plain language, signed by both. A cohabitation agreement or private financial agreement covers property shares, household contributions, what happens if you separate, and what happens if one of you dies. It is enforceable as a contract between two competent adults, and it sits behind every other practical step (a will, a Declaration of Trust, a pension nomination).

The belief in common law marriage is not harmless. It is the gap between what people assume protects them and what actually does.