According to the most recent census data, the number of unmarried 25- to 35-year-olds in the UK has risen by over 1.2 million to 5.8 million since 2011, and it is prompting calls to protect the rights of couples who are not in a marriage or civil partnership.

Worryingly, almost half of the UK population (47%) still believes in the misconception that 'common law marriage' – in which an unmarried couple automatically get the same rights as those in a legal partnership after a certain length of the relationship – exists. The hard truth is that unless a couple has entered into a legal partnership such as a marriage or civil partnership, there are no protections for property, assets or finances following a breakup.

The slump in weddings in the UK is being blamed on factors including the cost-of-living crisis, expensive weddings, welfare restrictions for married couples, and, ironically, to avoid the expenses of divorce should the relationship break down. But cohabiting couples can, in fact, end up worse off than their married counterparts after a relationship breakdown if they have not carefully considered their positions when moving in together, as there are no automatic rights for cohabitees.

Considerations for cohabiting couples

During the excitement of house hunting and moving in together, it might seem quite unromantic also to be thinking about the possibility of the relationship breaking down in the future, and so many couples will not seek legal advice further than what is required for the conveyancing process.

But having some further measures in place, particularly if one partner is paying more towards the mortgage, or has historical bad credit, can help make a potential split much less messy – if it happens at all.

Cohabitation agreements

Entering into a cohabitation agreement is probably the most critical thing an unmarried couple should consider if they plan to live together long-term – particularly if children are concerned.

The agreement will set out arrangements for children, property, and finances during cohabitation if the relationship ends or one partner dies or falls seriously ill. A cohabitation agreement can also outline how responsibilities such as bills and other outgoings will be divided while living together.

A good family law solicitor can help draft a cohabitation agreement which reflects both parties’ wishes and circumstances.

Joint property ownership and declarations of trust

For couples purchasing a property together, when registering with the Land Registry, they will need to choose to do so as either ‘joint tenants’ or ‘tenants in common’. A general distinction for these terms is as follows:

• ‘Joint tenants’ usually refers to couples wanting to purchase the property equally, e.g., married couples or those with equal deposit or mortgage contributions. Joint tenants must choose to sell together, and the property is automatically passed to the other tenant should one pass away. Joint tenants cannot pass on their share of the property in their will.
• ‘Tenants in common’ own a separate share of the property, which does not have to be equal. Tenants in common must also choose to sell together, and while each party can sell their shares to the other tenant to remove themselves from the agreement, the shares do not automatically move to the other tenants after death. Tenants in common can pass on their share of the property in their will.

After choosing which type of tenancy suits the relationship best, it would be advisable for couples to reflect the individual deposit and mortgage contributions made by each party in a declaration of trust within the title deeds. A family law solicitor can help you draw up a declaration of trust that reflects your individual circumstances and can be updated if and when circumstances change.

You might never need it, but if the worst does happen, you will be glad to know it is there.

How can Sweeney Miller Law help?

The Family Law team at Sweeney Miller, let by Rebecca Creswell, is experienced in dealing with a wide range of issues when unmarried couples split, enabling them to draft comprehensive Cohabitation Agreements for new cohabitees that cover most eventualities, avoiding problems in the future.

We also work closely with our Conveyancing and Wills teams to ensure that all considerations around property, assets, and children are covered at the start of your cohabitation and throughout, leaving you to worry about things like who left the dishes out and who is picking up the kids!

With offices in Newcastle and Sunderland, our family law solicitors work with clients across the North East and nationally. For a free, no-obligation first discussion, please get in touch with us using the phone numbers below or by emailing enquiries@sweeneymiller.co.uk or using our contact form.