‘But we’ve been living together for 6 months, so we’re common law husband and wife, aren’t we?’ - Unfortunately not.

Couples, whether they live together for six months, six years or six decades, do not gain the rights of married couples without going through a marriage ceremony.

But you’d be forgiven for believing it - the newspapers refer to common law marriages, even some insurance companies ask if you are single, married, divorced or a ‘common law’ couple.

When married couples separate the court can deal with all their finances fairly, no matter whose name the asset is held in, or who earns the most money.  But if you aren’t married the situation is very different and if, for example, the house you share is held in your ex-partner’s name it can be difficult for you to prove that you should have any financial share in that home.

This is not to say that everyone should rush out to get married, but all couples cohabiting should consider whether they need a Cohabitation Agreement to deal with what would happen to any individual or shared assets (or debts) if they separate.  On the other hand, if you are considering tying the knot it may also be worth thinking about a pre-nuptial agreement.  Far from being relevant to only the rich and famous, ‘pre-nups’ are also relevant for those of us who don’t live in Hollywood, particularly if you have children from a previous relationship.

Enoch Evans’ experienced Matrimonial and Family Team can help with both Cohabitation Agreements and Pre-nuptial Agreements for whatever kind of marriage you are entering into, be it ‘real’ or ‘common’.

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