The common law marriage myth

It’s increasingly common for couples to live and work together for years without marrying. It often feels natural - you share a home, contribute to running of the business, and building a life side by side. But when relationships break down, many people are surprised to learn that the law does not see things the same way.

The common law marriage myth

Despite what many believe, there is no such thing as a “common law spouse” in England and Wales.

No matter how long you’ve lived together - whether that’s five years or fifty - cohabiting partners do not automatically gain the same legal rights as married couples or civil partners.

This means that if a relationship breaks down, there is no automatic entitlement to:

• A share of your partner’s property
• Financial support from them
• Their pension or wider assets

Instead, disputes are usually decided under property law, not family law - often leading to outcomes that feel far from fair.

What does this look like on a farm?

Farming life often blurs the lines between home, business and family. That can make things particularly complicated for unmarried couples.

We commonly see situations such as:

• One partner moving into the farmhouse, which is owned by the family or in the other partner’s sole name
• A partner working on the farm for years with little or no formal pay
• Contributions to renovations, diversification projects or farm improvements
• A partner becoming informally involved in the farm business without any written agreement

While these arrangements may feel collaborative and balanced at the time, they can become legally uncertain if the relationship ends.

What does the law actually look at?

If a dispute arises, the court will not start from a position of fairness in the same way it would on divorce. Instead, it looks at strict legal ownership and case by case evidence.

Key factors include:

• Whose name is on the title deeds to the property
• Whether there is evidence of a financial contribution
• Whether there was a shared intention that both partners would have a stake

Without clear documentation, proving a claim can be risky, difficult, time-consuming and expensive.

How can you protect the farm - and each other?

The good news is that there are straightforward steps you can take to avoid uncertainty:

Cohabitation agreements
A written agreement setting out what should happen if you separate - including property, finances and contributions.

Declarations of trust
Particularly important where one or both partners have an interest in the farmhouse or other property, clarifying who owns what.

Keep written records
If you’ve agreed how finances or ownership should work, record it. What feels clear now can quickly become disputed later.

These steps are not about expecting a relationship to fail - they are about creating clarity and protecting everyone involved.

Why this matters for farming families

For farming businesses, the stakes are often even higher.

A dispute between unmarried partners can create uncertainty not just for the couple, but for:

• The wider family
• The structure of the farm business
• Long-term succession planning

Taking early steps to document intentions can help ensure decisions remain calm, considered and focused on the future of the farm, rather than being forced under pressure during a dispute.

A simple step that makes a big difference

It may feel unromantic to talk about legal agreements when things are going well. But many people only discover the reality of their legal position when it is too late.

A short legal “health check” now - and putting the right documents in place - can provide reassurance and prevent costly disputes later on.

If you are living together or planning to do so, speaking to a solicitor can help you understand your position and protect what matters most.

Talk to a member of our Family Law team for advice on this subject and your personal family circumstances.