In short
There is no such thing as common-law marriage in England and Wales: unmarried partners don't get the rights of a spouse, however long they live together, and have no automatic right to inherit without a will. Marrying cancels an earlier will in England and Wales and usually in Ireland. Before moving in or marrying, take legal advice, and consider a cohabitation agreement and new wills.
| Common-law marriage (England and Wales) | Does not exist |
|---|---|
| Unmarried partner, no will (E&W) | No automatic right to inherit |
| Getting married (E&W) | Cancels any earlier will |
| Ireland: qualified cohabitant | 5 years together, or 2 with a child together |
| Cohabitation agreement cost (Law Society guide) | Roughly £300 to £4,000 |
Why this matters more after 50
Later in life, two people usually bring more to a relationship than they did at 25: homes they own, pensions, savings, and children from earlier marriages who expect to inherit something one day. Getting the paperwork right protects both of you, and your families. It's also far easier to talk about while everything is lovely than after something has gone wrong.
This page sets out the facts, with sources. It isn't legal advice. Every couple's situation is different, so take the questions at the end to a solicitor before you move in, buy together or marry.
The common-law marriage myth
Many people believe that living together for a few years gives you the same rights as a married couple. It doesn't.
- England and Wales: GOV.UK says plainly that "common law marriages" do not exist. Unmarried partners don't have the same rights or legal status as married couples or civil partners, even if they've lived together for a long time or have children.
- Scotland: cohabitants have some limited rights. Citizens Advice Scotland explains that a former cohabitant can ask a court for a limited financial settlement, but must do so within one year of the relationship ending.
- Ireland: Citizens Information says there's no such thing as a common-law husband and wife in Irish legislation, but long-term cohabitants have some protections through the redress scheme (below).
The UK government consulted in 2026 on strengthening protections for cohabitants in England and Wales. The consultation closed on 14 August 2026 and, as of November 2026, the law hasn't changed. We'll update this page if it does.
If one of you dies
This is where the gap between married and unmarried couples is widest.
| Item | Married or civil partners | Living together, not married |
|---|---|---|
| England and Wales, no will | The spouse inherits under the intestacy rules | No automatic right to inherit (Ministry of Justice) |
| Ireland, no will | The spouse or civil partner inherits a share set by law | No automatic right; a qualified cohabitant can apply to court within 6 months of probate |
| Ireland, inheritance tax | Gifts and inheritances between spouses are exempt | Capital Acquisitions Tax at 33% on amounts over €20,000, unless an exemption applies |
The fix for most couples is simple: make wills. In Ireland, Citizens Information notes there's a dwelling house exemption that can apply to inheriting a home you've lived in, with conditions.
Getting married changes your will
Marriage has a big effect on wills that many people don't know about.
- England and Wales: GOV.UK says getting married cancels any will you made before.
- Ireland: marrying or entering a civil partnership revokes your will, unless it was clearly made with that marriage in mind.
So if you've made a careful will leaving your home to your children, and then you remarry, that will may no longer stand. Make a new one, ideally with a solicitor, at the time you marry.
Moving in: the house
If one of you moves into a home the other owns, think about what happens if you split up or one of you dies. If you sell two homes to buy one together, think about how you'll own it and how you'll record who put in what.
In England and Wales, a home can be owned jointly in different ways, and the choice affects what happens to each share on death. If you each have children, this is worth getting right. A solicitor can explain the options and draw up a declaration of trust recording your shares.
In Scotland, Citizens Advice Scotland points out that if only one partner owns the home, the other generally has no right to stay if asked to leave, unless a court has given them rights.
Cohabitation agreements
A cohabitation agreement is a legal document for unmarried couples who live together. The Law Society describes it as setting out arrangements for finances, property and children while you live together, and if you split up, become ill or die. It suggests making one before you move in, and says costs can range from about £300 to £4,000 depending on your circumstances. A family law solicitor can make sure it's legally binding, and you should update it if things change.
In Ireland, Citizens Information explains that a cohabitation agreement lets you set out day-to-day arrangements and how you'd separate shared assets, and that you both need independent legal advice for it to be valid.
Ireland: the redress scheme
Ireland gives long-term cohabitants a safety net. If a relationship ends through separation or death, a financially dependent partner who is a qualified cohabitant can ask the court for orders similar to those available on divorce, such as property, maintenance or pension adjustment orders. To qualify, you must have lived together in an intimate and committed relationship for at least 5 years, or 2 years if you have a child together. You must usually apply within 2 years of the relationship ending.
Pensions and benefits
Before you move in or marry, check anything you receive that depends on being single, widowed or living alone.
- Ireland: the Bereaved Partner's Contributory Pension stops if you cohabit, marry or enter a new civil partnership.
- UK survivor's pensions: schemes set their own rules. Some public service schemes used to stop a survivor's pension on remarriage or cohabitation; the armed forces schemes changed theirs in 2015. Ask your scheme directly.
- Pension Credit (UK): if you have a partner, they must be included on your claim.
- Council Tax (UK): you get 25% off if you live on your own. That ends when someone moves in.
Questions to take to a solicitor
Write these down before your appointment:
- If we live together without marrying, what happens to my home if we split up, or if I die?
- Should we have a cohabitation agreement, or a pre-nuptial agreement if we marry?
- How should we own any home we buy together, and how do we record what each of us put in?
- What do our wills need to say to protect each other and our own children?
- Will marrying or moving in affect any pension or benefit either of us gets?
- Should we update lasting powers of attorney and pension nomination forms?
Keeping romance and money separate, at first
One last point, and it's about safety rather than law. Nobody you've met online should be asking about your savings, your house or your pension early on, and nobody genuine will ever ask you to send them money or "invest" for them. If they do, stop and read our guide to romance scams.
If you're recently divorced, our guide to dating after divorce over 50 covers finishing the financial side first. If you've been bereaved, dating after losing a partner covers pensions and family feelings, and telling your adult children helps with the conversation about inheritance.
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Questions people ask
We've lived together for 10 years. Aren't we common-law married?
Not in England and Wales. GOV.UK says 'common law marriages' do not exist there, and that unmarried partners don't have the same rights or legal status as married couples or civil partners, even after a long time together. In Ireland, Citizens Information says the same about common-law husband and wife, although long-term cohabitants have some protections.
If my partner dies without a will, do I inherit?
In England and Wales, not automatically. The Ministry of Justice confirms that cohabitants currently have no automatic right to inherit when a partner dies without a will, though it consulted in 2026 on changing this. In Ireland, a cohabiting partner has no automatic share either, but a qualified cohabitant can apply to court within 6 months of probate.
What is a cohabitation agreement?
A legal document for unmarried couples who live together, setting out how money, property and other arrangements are handled while you live together and if you split up, fall ill or die. The Law Society says a family solicitor can help make sure it's legally binding. In Ireland, both partners need independent legal advice for one to be valid.
Will moving in affect my pension or benefits?
It can. In Ireland, the Bereaved Partner's Contributory Pension stops if you cohabit or remarry. In the UK, some survivor's pensions have rules about new relationships, and benefits such as Pension Credit are assessed with a partner. You'd also lose the 25% single-person Council Tax discount. Check each one before you move in.
Should we buy a house together?
Perhaps, but take advice first about how you own it. Owning as joint tenants or tenants in common (in England and Wales) affects what happens to your share if one of you dies, which matters if you each have children. A solicitor can explain the options and record who paid what.
Keep reading
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Gentle first datesTen gentle first dates by the water, and a plan for rainTen easy first dates by the water and outdoors for over-50s, how to suggest one, a rain plan and how to keep it safe.
Sex and intimacySex and intimacy when you start again over 50The honest basics of sex and intimacy when dating again over 50: pace, consent, STI tests, the menopause and erections.
Telling your childrenTelling your adult children you're datingWhen and how to tell grown-up children you're dating again, what they may worry about, and how to introduce someone new.
Sources
- Separating or divorcing: what you need to do, GOV.UK
- A fairer end to relationships (consultation), Ministry of Justice, GOV.UK
- Making a will: update your will, GOV.UK
- Moving in together: getting a cohabitation agreement, The Law Society
- Living together, marriage and civil partnerships: legal differences (Scotland), Citizens Advice
- Rights of cohabiting couples, Citizens Information
- Making a will, Citizens Information
- Operational guidelines: Bereaved Partner's Contributory Pension, gov.ie
- How Council Tax works: discounts, GOV.UK
- Pension Credit, GOV.UK
- Armed forces pensions for life, GOV.UK
Checked 8 November 2026. Spotted something out of date? Tell us.







