One of the most persistent and damaging myths we encounter is the belief in ‘common law marriage’.

Millions of people still assume that living together for long enough or having children together gives them the same legal rights as a married couple. Unfortunately, that simply isn’t true and the consequences can be devastating when a relationship ends and hit women hardest.

You cannot protect rights you don’t know you lack.

In England & Wales, there is no such thing as common law marriage, no matter how long you have lived together, whether you have children, or whether you share finances. Cohabiting couples do not automatically acquire the legal protections that come with marriage or civil partnership.

If you separate and are not married, there is no automatic right to a share of your partner’s assets, no entitlement to spousal maintenance, and no pension sharing regime. Your legal position depends heavily on property ownership, contributions, and evidence, not on what feels fair.

A common assumption is that living in a property together creates an automatic entitlement. In reality, ownership usually depends on whose name appears on the title deeds or in any express decalation of trust. Non‑financial contributions such as childcare or homemaking are not automatically recognised in property claims.

Unmarried women are also particularly vulnerable on death. If your partner dies without a will, you do not automatically inherit, may have no right to remain in the home, and may be left financially vulnerable.

While the law currently offers limited protection for cohabiting couples, steps can be taken to safeguard your position. These include cohabitation agreements, declarations of trust, and making a will. Taking legal advice early can help avoid serious difficulties later.

We, and other family law solicitors, and others have long recognised the need for reform in this area, and the current Government included a manifesto commitment to reform the law to better protect women and children but no automatic rights currently exist. Understanding the law as it stands – not as we wish it to be – is essential.

This International Women’s Day, empowerment means understanding your legal position, challenging assumptions, and taking steps to protect yourself and your children.

Emma Hopkins-Jones

Solicitor, Partner, Family