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Do I have a common law marriage?

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Do I have a common law marriage?

Do I have a common law marriage?

No, there is no such concept as a common law marriage. If you are not legally married, then regardless of the lengthy of your relationship, you have no right to a financial settlement via the family court.

Child maintenance is always payable by the non-resident parent, even if you were not married to each other, and you can calculate the amount due here: www.gov.uk/calculate-child-maintenance

There is also provision for the parents of dependent children to apply for additional financial support under Schedule 1 of the Children Act 1989 but any such award is made for the benefit of the child only, and they are very narrow in terms of scope e.g. for school fees.

If you and your partner rented together and you are not named on the tenancy agreement, then you will have no right to remain in the house. The same applies if one of you owns any property, only the owner is legally entitled to stay there.

If you jointly owned a house with your partner, then you should speak to a family solicitor to understand the true value of your interest and the options for selling or buying out the other person.   

Our articles are intended for general information purposes only and are not a substitute for professional advice tailored to your specific circumstances. We are always very happy to discuss any plans, issues or concerns you may have and to clarify how we might be able to help. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.