Common-Law Marriage

As a matter of law a common-law marriage does not exist. 

If an unmarried couple that live together split up there is no formal procedure to go through that is akin to a divorce. 

As the law currently stands there is no obligation for one party to the common-law marriage to continue to maintain the other party after separation even if they have done so for the last 20 years.  The only maintenance payable would be child maintenance in the event that there were dependent children.  No claims can be made against pensions.

The parties have to agree what happens in relation to the contents of their home which can be easier said than done.  They also have to deal with the ownership of joint assets such as property and bank accounts.   In certain cases it is possible for one party to claim a share in property in the sole legal ownership of the other party. 

In order to deal with the uncertainty about what would happen to the parties’ assets if they separated some couples choose to enter into a cohabitation contract.  This governs both how they arrange they financial affairs whilst they are together and what would happen in the event that they separated. 

At George Green LLP we are committed to providing realistic, timely and cost effective advice from the outset.  

We offer bespoke fixed fees tailored to your individual needs.

If you wish to discuss your matter with one of our specialist divorce and family lawyers then contact Mark Vandaele or Alex Mansfield at our Wolverhampton office on 01902 424927 or click here to send an email to Mark or here to send an e-mail to Alex or contact Jane Williams at our Cradley Heath office on 01384 340528 or click here to send an email. We offer a free initial telephone case assessment, which will allow us to advise you as to what the appropriate next steps are.

George Green LLP is a leading full service law firm and recognised as such in both Legal 500 and Chambers and Partners. Our lawyers make a difference by helping our clients succeed. We have offices in Cradley Heath and Wolverhampton.