If you are in a couple who have always thought you are in a “Common Law” marriage will find yourselves in a pickle if you ever decide to try and rely on those illusive rights.
The “Common Law” marriage is a modern day myth, the term originates from when it was less socially acceptable for couples to live together and have children without being married first.
There are long term couples who mistakenly believe that after living together for a long time believe they have some legal rights. Couples who do not formalise their relationships through marriage or civil partnerships will find themselves in a complicated situation should the worst happen.
The division of finances on separation or death of a partner can be very difficult to deal with because without an express contract or being named in a will, the partner left alone can be left without a legal claim to anything. Things can be further complicated if children are involved and complicated can mean very expensive in terms of fighting a legal battle.
There are now many options for couples who do not want to formally marry or enter into a civil partnership including cohabitation agreements, shared property ownership and making sure they have an up to date will.
Spending a little time now formalising your living situation could potentially save you a lot of time and money in the future.