Analysis: Unmarried couples' entitlements and cohabitation agreements

Danielle Bentley, a solicitor at Herrington & Carmichael, looks at the number of cohabitating families, having increased by almost 30% in the last decade, which has led to a rise in complex legal disputes after a break-up.

It is a common misconception that cohabitants possess the same legal rights and obligations as a married couple or a civil partnership. There is no such thing as a ‘common law’ husband or wife in the eyes of the Court and therefore it is important that cohabitants are aware of their rights,