Prawo konkubinatu
Prawa par nieformalnych, spory majątkowe, dzieci i rozpad związku.
Wprowadzenie
Prawo konkubinatu reguluje sytuację prawną par nieformalnych mieszkających razem w Anglii i Walii.
In Brief
There is no 'common law marriage' in England & Wales — cohabitants have no automatic property, maintenance, or inheritance rights regardless of the length of the relationship. Property rights depend on constructive trust (Stack v Dowden [2007]; Jones v Kernott [2011]) or proprietary estoppel. On relationship breakdown, disputes are resolved under the Trusts of Land and Appointment of Trustees Act 1996. A surviving cohabitant who lived together for 2+ years can claim under the Inheritance Act 1975. A cohabitation agreement is recommended.
Podstawowe zasady
No 'Common Law Marriage' — English law does not recognise common law marriage. Cohabitants have no automatic property, maintenance, or inheritance rights regardless of the length of the relationship.
Property Rights — Beneficial interests in property are determined by express trusts, resulting trusts, common intention constructive trusts (Lloyds Bank v Rosset [1991]; Stack v Dowden [2007]; Jones v Kernott [2011]), or proprietary estoppel.
TOLATA Claims — Under the Trusts of Land and Appointment of Trustees Act 1996, cohabitants can apply for court declarations about beneficial ownership and orders for sale of co-owned property.
Cohabitation Agreements — Written agreements about property and finances are not automatically binding but carry significant evidential weight. Courts will generally uphold them unless circumstances make enforcement unjust.
Children Act Schedule 1 — Unmarried parents can apply under Schedule 1 of the Children Act 1989 for financial provision for children, including lump sums, property settlements, and periodical payments.
Inheritance — Cohabitants have no automatic right to inherit under intestacy rules. They may claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were maintained by the deceased or had lived together for 2+ years.
Death in Service & Pensions — Unmarried partners may not be entitled to bereavement benefits or pension death benefits. Nomination forms and will-making are essential.
Kluczowe ustawy
Trusts of Land and Appointment of Trustees Act 1996
Children Act 1989 (Schedule 1)
Inheritance (Provision for Family and Dependants) Act 1975
Wiodące orzeczenia
Jones v Kernott
[2011] UKSC 53
Lloyds Bank v Rosset
[1991] 1 AC 107
Typowe scenariusze
Unmarried partner wants a share of the family home
If the property is in one partner's name, the other must establish a beneficial interest through constructive trust (common intention + detrimental reliance) or proprietary estoppel. Contributions to mortgage payments, renovation, or childcare may be relevant.
Cohabitation breaks down and partner refuses to leave
Without a beneficial interest or tenancy, the non-owning partner has no automatic right to remain. An application under TOLATA can resolve disputes about ownership and occupation.
Unmarried partner dies without a will
Surviving cohabitant receives nothing under intestacy rules. They may claim under the 1975 Act if they lived together for 2+ years or were maintained by the deceased.
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Frequently Asked Questions
Does common law marriage exist in England and Wales?
No. There is no such thing as common law marriage in English law. Unmarried couples who live together — for any length of time — do not acquire the same legal rights as married couples or civil partners. This is a persistent myth that leaves many people financially vulnerable when a relationship ends or a partner dies.
What rights does an unmarried partner have to the family home?
If the property is in one partner's sole name, the other partner has no automatic right to a share. They must establish a beneficial interest through a constructive trust (by proving a common intention that they would have a share, plus detrimental reliance) or proprietary estoppel. Leading cases include Stack v Dowden [2007] UKHL 17 and Jones v Kernott [2011] UKSC 53. Financial contributions to the mortgage or major renovation work may be relevant evidence.
Can an unmarried partner inherit if their partner dies without a will?
No. Under the intestacy rules in the Administration of Estates Act 1925, an unmarried partner receives nothing regardless of the length of the relationship. The estate passes to children, parents, and other relatives instead. However, the surviving cohabitant may bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they lived together for at least two years immediately before the death or were financially maintained by the deceased.
What is a cohabitation agreement and is it legally binding?
A cohabitation agreement is a written contract between unmarried partners setting out how property, finances, and other assets will be dealt with during the relationship or if it ends. Courts in England & Wales will generally uphold such agreements as evidence of the parties' intentions, though they are not automatically enforceable in the same way as a court order. A well-drafted agreement, prepared with independent legal advice for each party, carries significant weight before a court.
Can an unmarried father claim financial support from the mother after separation?
Under Schedule 1 of the Children Act 1989, either parent can apply to the court for financial provision for a child, including lump sum payments, property settlements, and periodical payments. These orders are primarily for the child's benefit. The Child Maintenance Service also handles ongoing maintenance payments. The financial position of both parents is considered, not just the applicant.
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