As we celebrate Pride Month this June, it’s an important moment to empower individuals and couples in LGBTQ+ cohabiting relationships with knowledge about their legal rights.
While significant progress has been made in achieving equality, one area where misunderstandings remain widespread is the legal position of cohabiting couples.
The myth of “common law marriage”
A common misconception is that living together for a long period creates the same legal rights as marriage or civil partnership. In England and Wales, this is simply not the case.
Regardless of how long a couple has lived together, or whether they have children, cohabiting partners do not enjoy the same legal protections as those who are married or in a civil partnership.
For many couples, including those in the LGBTQ+ community, who may choose not to marry or formalise their relationship, this can create unexpected financial and legal vulnerability.
Why legal protection matters
Cohabitation often involves shared finances, property ownership, and emotional investment in a shared future. Without clear legal agreements in place, disagreements or separation can lead to uncertainty, stress, and potential disputes.
Taking legal advice early allows couples to clearly set out financial arrangements and protect any individual contributions to property or assets. This helps avoid misunderstandings and gain peace of mind about the future.
There are several legal mechanisms available to help protect your position:
Living together (cohabitation) agreements
These agreements are tailored to your circumstances and set out how finances, property, and responsibilities are managed during your relationship and in the event of separation.
They are particularly valuable in clarifying expectations and avoiding disputes before they arise.
Declarations of trust
Where a property is jointly owned (or intended to be), a Declaration of Trust records exactly how much each party owns—whether equally or in defined shares.
This is especially important where contributions to a property are unequal.
Looking ahead: marriage or civil partnership
For couples considering marriage or civil partnership, it is essential to understand that the legal framework is different such that existing cohabitation arrangements will not automatically carry forward, so obtaining advice beforehand ensures you understand the implications.
Pre-nuptial and post-nuptial agreements
These agreements set out how assets and finances would be divided in the event of divorce or separation.
While not automatically binding in England and Wales, they are increasingly upheld by the courts where properly prepared and fair.
Empowerment through clear legal arrangements
At its heart, Pride Month is about recognition, respect, and empowerment. Ensuring that your relationship is supported by clear legal arrangements is part of that empowerment.
Our family law team offers:
- Specialist, practical advice tailored to your circumstances
- A collaborative approach with experts in wills, tax, and financial planning
- Flexible and confidential appointments, including remote consultations
Whether you are just starting to live together, buying a property, or planning your future, early legal advice can make all the difference.
Taking the first step
If you would like to understand your options, we offer an initial fixed-fee appointment to help you explore what protections may be right for you.
This Pride Month, take a positive step towards protecting your future together.
Here to help
At FJG, our family law team is committed to providing expert, compassionate advice during one of life’s most challenging transitions. If you’re going through separation or divorce, we are more than happy to help you through that process; start on the right foot by seeking legal advice from our Family Law team.
Lisa O’Boyle is a Senior Associate Solicitor in our Family Law Team, specialising in family matters including children, divorce, financial matters arising upon divorce and domestic abuse.
For further advice on any aspect of family law or to discuss meeting with a family lawyer, please contact one of our team in our Colchester, Clacton or Chelmsford offices on 0845 543 5700, or via our online enquiry form.