Cohabitation, marriage and civil partnerships are all different types of relationships that come with their own sets of rights and responsibilities.
In this guide, we’ll discuss the differences between them and how they affect your legal rights.
Cohabitation: An overview
Cohabitation is a term used to describe unmarried couples who are in a relationship and live together. It applies to both heterosexual and same-sex couples and it does not impact your legal or martial status, despite common belief.
Essentially, if you and your partner live together in the same property, you are classed as a cohabiting couple.
Marriage: An overview
Marriage is a cultural and legal union between two people who are referred to as spouses. With marriages comes legal formalities and obligations, including financial support and rights to property.
Any couples, no matter what sexual orientation, can get married in England and Wales if they meet the following conditions:
Aged 18 or over
Aged 16 with parental consent
Not already married or in a civil partnership
Not closely related
In the case where a criteria is not met, the marriage may be considered void and will be treated by law as if it never happened.
Civil Partnerships: An overview
A civil partnership is another form of legal partnership for both heterosexual and same-sex couples. They were originally introduced in 2005 before marriage was available for same-sex and LGBTQ+ couples, however, since 2019 any couple of any sexual orientation is allowed to enter a civil partnership.
As the law stands, you can legally enter a civil partnership if you and your partner are:
Over the age of 18
Unmarried or not already in a civil partnership
Not close blood relations
Entering the partnership freely
The legal differences between civil partnerships, marriage and cohabitation
There are a few differences between civil partnership, marriages and cohabitation and we’ll break them down to help you get a better understanding of what they actually mean.
- Legal status - Civil partnership and marriages are legally binding, whereas cohabitation does not come with any legal protection.
- Rights and responsibilities - Civil partnerships and marriages have similar legal rights and responsibilities that come with them. With couples who cohabit however, they are not legally bound to share any finances.
- Parental responsibility - If a heterosexual couple is married when a child is born, both parents are automatically given parental responsibility. However, if the couple is not married, only the mother automatically has parental responsibility.
A father has parental responsibility if he is listed on the birth certificate. Same-sex couples will both have parental responsibility if they are civil partners at the time of the treatment, e.g. donor inseminations or fertility treatment. - Tax relief - Married couples or those in civil partnerships are entitled to tax reliefs and exemptions that cohabiting couples are not.
- Inheritance - If one partner dies in a civil partnership or marriage, their property is usually exempt from inheritance tax. Cohabiting couples are not exempt from this tax relief and may not automatically inherit their estate.
Children and marriage
When you are married and have a child, both parents automatically have parental responsibility and they will not lose it if they decide to divorce later down the line.
When parents share parental responsibility in a marriage, they will work together to make important decisions, such as:
- Choosing, registering or changing the child's name
- What school the child will go to
- What religion the children will be raised under
- What medical treatments they will receive
If parents do choose to divorce, there are a few different child arrangements that can be used, depending on how amicable the divorce is and what factors led to the divorce.
Any financial settlement ordered as part of the divorce will need to ensure that the needs of any children are met. If child maintenance cannot be agreed then this is usually dealt with by the Child Maintenance Service.
Children and cohabitation
While unmarried mothers automatically have parental responsibility, unmarried fathers do not, but they can acquire it, for example by being named on the child’s birth certificate or by entering into a Parental Responsibility Agreement or by Court Order. Arrangements for children can be outlined in a cohabitation agreement or a parenting agreement.
The agreement helps to ensure that parents feel equally responsible towards their child, despite the fact they aren’t married.
If the parent’s relationship breaks down, it is possible for parents to bring financial claims against one another for financial support if this cannot be agreed. These payments are usually in the form of child maintenance, but if there is significant money involved, then claims can be made under the Children Act for a parent to provide a home for the other parent who has care of the child to ensure the child’s needs are met during their dependency (but thereafter that property would revert to the paying parent).
Children and civil partnership
If a heterosexual couple are in a civil partnership at the time of birth of their child, then both parents will automatically have parental responsibility. In a same sex partnership, both parents will have parental responsibility if they were civil partners at the time of the treatment.
When a civil partnership ends, any financial settlement ordered as part of the partnership breakdown will need to ensure that it meets the needs of any children. If child maintenance cannot be agreed then this is usually dealt with by the Child Maintenance Service, just like when a married couple gets divorced.
Rights differences between civil partnerships, marriage and cohabitation
Generally speaking, civil partnerships and marriages come with very similar rights; the main difference is how they are ended. Civil partnerships are ended by dissolution, whereas a marriage is ended by a divorce.
In order to make sure you have similar rights to married couples or those in a civil partnership, you should create a cohabitation agreement. This can include how you contribute to your home and what should happen to certain assets if the relationship ends or one party passes away.
This agreement can include the likes of:
- Who has ownership of the property
- What share of the mortgages will be paid during the relationship
- Bank accounts
- Pensions
- Life insurance
- Ownership of other assets such as cars
- Payment of debts
- Care of children and child maintenance
- Care and ownership of pets
Protecting yourself with legal agreements
Speak with our team of Family Law Solicitors to ensure that you and your partner (and children) are protected with the right legal agreements should you go through divorce, dissolution or cease co-habiting.