The legal framework
The Civil Partnership Act 2004 created a status originally for same-sex couples; after Steinfeld and Keidan, it was opened to opposite-sex couples in 2019. Cohabitation, by contrast, confers no general rights in England and Wales — there is no such thing as common-law marriage. Scotland is different: the Family Law (Scotland) Act 2006 gives cohabitants limited financial claims on separation and on death.
Key points
| Civil partnership | Open to all couples since December 2019; nearly identical legal consequences to marriage |
|---|---|
| Conversion | Civil partners may convert to marriage |
| Cohabitation (England and Wales) | No maintenance, no property sharing, no automatic inheritance |
| Cohabitation (Scotland) | Limited financial provision on separation (one-year time limit) and on intestacy (six months) |
| Children | Claims under Schedule 1 of the Children Act can secure housing for a child, not for the partner |
| Death | A cohabitant may claim under the Inheritance (Provision for Family and Dependants) Act if financially dependent |
| Pensions | Many schemes require an explicit nomination for an unmarried partner |
| Civil partnership for all | Opened to opposite-sex couples in 2019 across the United Kingdom |
| No common-law marriage | It does not exist in England and Wales, however long you live together |
| Scotland | Limited financial claims on separation, with a strict one-year deadline |
| Reform | Law reform bodies have repeatedly recommended cohabitation rights in England and Wales |
In practice
- Sign a cohabitation agreement covering contributions, ownership shares and what happens on separation.
- Record property ownership correctly: a declaration of trust setting out shares is far stronger than an informal understanding.
- Make wills — intestacy gives an unmarried partner nothing in England and Wales.
- Check and update pension and life insurance nominations.
- Put a declaration of trust in place if you buy property together — it decides the shares.
- In Scotland, apply within one year of separation; the deadline is absolute.
Cost and coverage
A cohabitation agreement and declaration of trust cost a few hundred pounds — a fraction of the cost of litigating the same question later.
Recent changes
Law Commission proposals to reform cohabitation rights have been on the table for years; successive governments have not legislated, so the gap remains.
Where to go
- Citizens Advice and Advicenow cohabitation guides.
- Resolution, the family lawyers' association, for accredited practitioners.
- HM Land Registry for recording ownership shares.
Worth knowing
The common-law marriage myth is the most expensive misunderstanding in English family law. Decades of cohabitation create no claim on your partner's property, pension or estate. The belief in common-law marriage is the most damaging myth in English family law. Decades of cohabitation give no claim to a partner's property, pension or estate.
Official sources and links
- GOV.UK — official portal for public services and rights
- legislation.gov.uk — the statute book as enacted and revised