A recent Office for National Statistics (ONS) report states:
'Although there is no such thing as common law marriage in UK law, 58 per cent of respondents to the British Social Attitudes Survey in 2006 thought that unmarried couples who live together for some time probably or definitely had a 'common law marriage' which gives them the same legal rights as married couples.'
It is amazing that the misconception of the 'common law' marriage still exists. The ONS report reveals another interesting and important statistic in that the biggest percentage increase in co-habitation is among the over 65's. This can be viewed as a positive statistic because it demonstrates that people who have lost partners through death or divorce seem increasingly willing to enter into new relationships but this new status does mean that such people must think carefully about the legal implications of entering a new arrangement.
If someone dies in England or Wales without leaving a will, their assets pass according to the intestacy rules. This is a list of entitlement that is strictly applied; the intestacy rules do not recognise unmarried partners. It is vital for people of any age to consider their assets and their priorities on death. This becomes of particular importance (and sometimes complexity) if a person wants to take account of competing interests of their current partner and children from a previous relationship. It may be necessary to consider the need for a pre-nuptial agreement, how a property being purchased is to be held and how a will should be drafted.
If you would like advice on these issues, contact us.
Link to the report: Report