Almost half of Brits wrongly believe common law marriage exists in the UK

Cohabitating couples are now the fastest-growing family group in England and Wales, and yet recent research reveals almost half of British people mistakenly think that unmarried couples who live together have a ‘common law marriage’.

The survey, which was carried out by The National Centre for Social Research and Exeter University, revealed that 46 per cent of the respondents are under the impression that cohabiting couples form a common law marriage. Despite a significant increase in the number of cohabitating couples, the figure has remained relatively unchanged in over a decade (47 per cent in 2005).

According to the research, only 41 per cent of Brits correctly said that cohabiting couples are not in a common law marriage and cannot enjoy the same legal rights as those who are legally married.

A couple who live together in a stable relationship, but are not married, are often referred to as ‘common law spouses’. This, however, is not legally recognised in England and Wales. Unlike couples who are married or in a civil partnership, those who choose to cohabit with their partner are given no legal status as a couple.

Attitudes by family types

Responses to the question found 55 per cent of those living in cohabitating couples with children falsely believed that common law marriage existed. This data is concerning as recent statistics show that opposite-sex cohabitating couples with dependent children have more than doubled in the last 10 years. This compares with 41 per cent of cohabiting couples without children.

Just short of half (49 per cent) of married couples were of the opinion that common law marriage existed. Single people were the most knowledgeable on the subject, with only 39 per cent recorded as thinking unmarried couples who live together have the same legal rights as those who were married.

Attitudes by gender

44 per cent of women respondents wrongly assumed that unmarried couples were in a common law marriage, as did 49 per cent of the men who were surveyed.

Attitudes by education

Half of those without any formal qualification think that unmarried couples are in a common law marriage, while 39 per cent of those educated to a degree level were of the same opinion.

Attitudes by age groups

52 per cent of those surveyed between the ages of 25 and 64 perceived cohabiting couples to be in a common law marriage. 39 per cent of over 65’s had the same opinion, while only 28 per cent of those aged between 18 and 24 falsely believed that common law marriage existed in the UK.

Professor of Family Law and Police at the University of Exeter, Anne Barlow, explained the effect that this could have on families:

“The result is often severe financial hardship for the more vulnerable party in the event of separation, such as women who have interrupted their career to raise children. Therefore, it’s absolutely crucial that we raise awareness of the difference between cohabitation, civil partnership and marriage and any differences in rights that come with each.”

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