An Introduction to Cohabitation and Civil Union in the UK

The number of couples who are in cohabiting relationships has steadily risen throughout the end of the 20th century and the beginning of the 21st as the social, religious and political attitudes to cohabitation outside of marriage have changed. However, many people in cohabiting relationships aren’t clear on what the legal status of their arrangement is and some still cling to the misconception that they qualify for common-law marriage.

The Rise of Cohabitation
The rise of cohabitation amongst couples in loving relationships has occurred as the persecution or prejudice against such arrangements abated through the liberalisation of society and the move to a more secular approach to life for many in the last few decades. Without such stigma couples have seen the chance to cohabit as trial run for the more defined institution of marriage whilst others may simply want to avoid the legal connotations of actually being in a marriage. Moreover, with the move away from more fundamental religious views and perhaps as a result of many having witnessed unsuccessful marriages between parents or loved ones, an increasing number of couples are taking an ideological stance against marriage and/or its religious aspects.
Common-Law Marriage
Many of these cohabiting couples may mistakenly believe that they still qualify for what has become know as a common-law marriage in the UK. The term has been in popular use as a social reference since the 1960s although usually with little understanding of its (lack of) basis in law.
A concept of common-law marriage known as “marriage by cohabitation with habit and repute” continued to exist north of the border in Scotland up until 2006, although the status could only be achieved in a stringent set of circumstances. To qualify, couples must have been living together for a significant period of at least 20 consecutive days and be in a relationship in which the individuals not only acknowledged the marriage status themselves but also presented themselves to the outside world as a married couple – even going to the extent of using married names.
This older legal concept was originally exported to the US and Canada where it lives on under similar guises to the present day, and in fact the terms “common-law marriage” and “common-law partner” themselves had been imported back from America, despite not sharing the same legal implications.
In the UK, cohabiting couples do not share the legal status of a married couple until they go through the formal processes of a marriage or civil union. The cohabiting status may have certain legal implications concerning means testing but, for example, the division of property when separating would not be affected by a couples status as ‘cohabitees’ without a distinct legal agreement.
Civil Marriages & Partnerships
For those who do want to gain the legal recognition of marriage but either don’t qualify because they are in a same sex relationship or don’t want to partake in the religious aspects of a traditional marriage, there are alternatives available in UK.
Civil Marriage – This option is open to heterosexual couples in the UK who want to enter into marriage but don’t want to acknowledge or take part in a religious ceremony. The legal status and therefore the political and societal recognition of the marriage is the same as that of a conventional marriage.
Civil Partnerships – This option is currently open to same-sex couples looking to enter into legal binding relationships although the legal concept is controversially distinct from that of marriage. As a result, these partnerships cannot be officially referred to and defined as marriages and furthermore, the actual ceremonies are prohibited from involving religious references such as music and readings.
With so many misconceptions surrounding the legal nature of the concepts and terms cohabitation, common-law marriage and civil partnerships it is certainly worth gaining some expert advice from Family Solicitors London if you’re in any doubt regarding the legality or future of your own relationship.
© Stuart Mitchell 2011
I’m a small business owner. If you are interested in finding out more about the legal aspects of cohabitation, civil partnerships or marriage then visit Family Solicitors London.
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