A recent survey suggests that around 20% of couples who live together as a family are unmarried or cohabiting and this demographic is the fastest growing type of family unit in the UK to date.
From the same surveys, it would suggest that many younger couples are shunning the institution of marriage for a variety of reasons, perhaps due to their parents having divorced or a fear that divorce could leave them financially worse off.
Unfortunately, they may be leading themselves down the garden path.
Some 48% of co-habiting couples believe that they are in a common law marriage or are protected in the same way that spouses and civil partners are if their relationship ends. This is simply not the case.
Common law marriage does not exist. This is regardless of how long you live together and whether or not you have had children. If you are the financially worst off or are the defendant partner, generally, your partner will no longer have to support you.
Whilst there are arguments to debate the virtues of updating the law to include protection for cohabitees, there are a few things that couples can and should do now in order to void very complex specialist litigation proceedings (which are not matrimonial but civil).
Look to intent and contribution.
If you intended to share a property in certain percentages get those confirmed in the purchase title deed.
If you intend to buy a property together you could also enter into a Declaration of Trust and / or Cohabitee Agreement setting out your interest in the new home and what is to happen to it should your relationship end. You can do this before or after a home is purchased or if one partner is moving into the home and you want to set out what interest that party is to have in the property. This is relevant even if the answer is none. Likewise with a pre-nuptial or post-nuptial settlement.
There are other mechanisms which can and could be used aswell and if you are cohabiting without protection in place, and especially is you are aware that the relationship is likely to end soon or you are just about to start it, you should seek specialist advice straight away from one of our specialists at Boston, Lincoln, Spalding, Sleaford, Grantham and Newark.