20th March 2026 | Alex Anastasiou | Family Law, Cohabitation, Wealth Protection

Despite widespread belief, there is no such thing as a “common law spouse” in England and Wales. No matter how long a couple lives together, they do not acquire the same legal rights as married couples or civil partners.

Yet millions continue to rely on this myth. This is even though cohabitation is booming. There are now over 3.6 million cohabiting couples in the UK, and many still assume they have legal protection when they do not.

Legal Rights of Cohabiting Couples in 2026

Unmarried couples have no automatic rights to:

  • Property owned solely by their partner
  • Financial support if the relationship ends
  • Pensions
  • Inheritance (without a valid will)

For entrepreneurs, business owners, and those with family wealth, this isn’t just a technicality it is a serious risk.

I’ve seen situations where, one partner walks away with far less than expected, property disputes turn into costly litigation, family wealth is unintentionally exposed, and business interests become entangled in personal disputes.

The law in this area is not based on fairness, it is based on strict property and trust principles. That often leads to outcomes people simply don’t expect.

How to Protect Your Assets: Cohabitation Agreements and Planning

There are straightforward ways to mitigate these risks, our Private Wealth Team specialises in complex asset protection, providing a multidisciplinary approach to the following essential safeguards:

  • Cohabitation Agreements
    Clearly set out how assets, property, and finances are to be treated during the relationship and on separation.
  • Declarations of Trust
    Define ownership shares in property and how a property is to be shared in the event of separation.
  • Wills & Estate Planning
    Ensure partners are protected on death, without this, intestacy rules will not favour unmarried partners.
  • Business Structuring Advice
    Structuring advice to ring-fence business and family assets.

Take away thought

Living together without legal protection is a risk, especially if there’s wealth involved. If you are cohabiting (or planning to), now is the time to get clarity. If this affects you or your clients, feel free to get in touch for a confidential conversation with Alex Anastasiou and Anna Clifton.

 

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