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What legal status does a common law spouse have?
In England, a 'common law spouse' has no special legal status: you are either married, or you are not. (The situation is somewhat different in Scotland, where it is sometimes possible to be treated as married 'by custom and repute' even without a formal marriage.)If a relationship breaks down, being a so-called common law wife or husband does not give either partner the right to make a claim against the other for maintenance or a share of their assets. It is worth noting, however, that it may be possible for a parent to make a claim on behalf of a child they continue to look after.
Related Resources
in the Muckle LLP Resource Centre
- Wouldn't drawing up a cohabitation agreement harm our relationship?
- What should we cover in a cohabitation agreement?
- Should our cohabitation agreement include rules for the relationship such as who does the housework?
- Can we use an informal cohabitation agreement or does it need to be a legal document?
