What Is the Difference Between Marriage, Civil Partnerships and Cohabitation?

Whatever your marital status, you may want to make sure that you and your partner are protected if life events such as separation or death occur. Each type of relationship status - whether marriage, civil partnership or cohabitation - provides different rights and responsibilities, and understanding these differences allows you to plan with clarity. By knowing what legal protections apply to you, and where there may be gaps, you can take steps to put the right arrangements in place.

In this guide, the family law team at Clough & Willis explains the difference between civil partnership and cohabitation, and outlines how cohabiting couples can obtain the same legal protections that married couples and civil partners already have.

What is the difference between marriage, civil partnership and cohabitation?

Cohabitation

Although there is no legal definition of cohabitation, it generally describes couples who live together without marrying or entering into a civil partnership. Unlike marriage or civil marriage, this arrangement does not create a legally recognised relationship, meaning partners do not acquire automatic rights if the relationship ends or if one partner dies. For example, a cohabiting partner cannot inherit property or assets in the same way a spouse or civil partner would, regardless of how long they have shared a home or family life.

Financial support or claims to property generally need to be pursued through separate legal processes, which can be complex and uncertain. To provide some protection, cohabiting partners may choose to put legal agreements in place, such as a will or a cohabitation agreement. These documents can clarify arrangements around property, finances and inheritance, but their effectiveness depends on how carefully they are drafted and whether they remain up to date. Without them, partners may be left exposed to disputes that the law cannot automatically resolve.

Civil partnership and marriage

Although marriage and civil partnership share many of the same financial protections, there are some differences that set them apart:

• Religious recognition: marriage can be formalised through a religious or civil ceremony, whereas civil partnerships are only available as a civil process.
• Grounds for ending the relationship: civil partnerships are dissolved, while marriages end through divorce, which follows a slightly different legal process and terminology.
• International recognition: marriage is more widely recognised across the world than civil partnerships, which can affect legal rights and protections abroad.
• In terms of financial responsibilities and benefits, the two are largely the same. Married couples, like civil partners, benefit from:
• Inheritance Tax exemptions: assets transferred between spouses do not incur Inheritance Tax, allowing property and savings to pass to the surviving partner without additional liability.
• Capital Gains Tax relief: no Capital Gains Tax is payable on transfers between spouses, which means assets can be managed or reorganised jointly without triggering an additional tax charge.
• Financial support obligations: both spouses have a legal duty to provide financial support for one another during the marriage.
• Entitlement on divorce: if the relationship ends, the court can redistribute assets and decide on financial arrangements to achieve fairness between both parties.

This means that while both marriage and civil partnership provide similar legal and financial protection, couples may wish to consider the practical differences or lack of choice due to religious affiliation or sexuality when deciding which option meets their needs..

Parental responsibility and marital status

If there are children involved and one parent dies or the relationship ends, decisions about child arrangements and parental responsibility will need to be made. How this is done often depends on the circumstances.

A mother automatically has parental responsibility for a child from birth, and a father who is named on the child's birth certificate will also have this responsibility, whether he is cohabiting with the mother, married to her, or in a civil partnership. If the father is married or in a civil relationship with the mother at the time of the birth, he will have parental responsibility even if not named on the birth certificate.

Fathers who are not named on the birth certificate and were not married or in a civil partnership with the mother at the time of birth can still obtain parental responsibility, either through a formal agreement with her or by applying to the court.

Civil partners who are both named on the birth certificate will each hold parental responsibility. Where a parent in a marriage or civil partnership is not the biological parent, they can acquire parental rights by entering into a parental responsibility agreement or by seeking a parental responsibility order. These steps provide legal authority to make decisions about the child’s upbringing, giving clarity if the family circumstances change.

How marital status affects asset and property ownership

If property or assets were acquired before a marriage or civil partnership, they will usually be treated as personal ownership if the relationship ends. However, if there are insufficient funds from shared assets, the court may take pre-marriage or pre-partnership property into account when making financial decisions.

When a spouse or civil partner dies and they shared ownership of a property with the surviving partner, ownership will automatically pass to the surviving partner. Where property was solely owned by the partner who died, it will be distributed under the rules of intestacy, a hierarchy of inheritance based on relational ties. Where there are joint bank accounts, the surviving partner will generally be entitled to access these funds, with any remaining estate that is then considered for children or other dependents. Separate bank accounts, however, will not be immediately available to the surviving partner and will form part of the deceased’s estate to be dealt with through probate.

For cohabiting couples, the position is different. There are no automatic legal rights to separately owned property or assets if one partner dies or the relationship ends. Unless arrangements are set out in a cohabitation agreement or a valid will, a surviving cohabiting partner may have no entitlement to property, savings or other assets.

Is cohabitation a marital status?

Cohabitation is not a recognised marital status in law in England and Wales. There is a common misconception that if an unmarried couple live together for a long period of time, they will automatically gain the same rights as a married couple. This idea is sometimes referred to as a “common law marriage”, but it has no legal standing in England and Wales.

Common law spouses do not automatically acquire rights to inherit from each other or to claim financial support if the relationship ends. To provide clarity and protection, couples in this situation may choose to enter into a legally binding cohabitation agreement. This legal document sets out what each partner would be entitled to if the relationship breaks down or if one common law partner dies, offering a clearer framework for managing property, financial arrangements and other shared responsibilities.

Is a cohabitation agreement automatically legally binding?

A cohabitation agreement is not automatically binding. For it to stand up in court, it must be drafted comprehensively, signed by both partners, and supported by independent legal advice for each party. The agreement should set out clear terms that cover a wide range of circumstances, including what happens if the relationship ends or if one partner dies. Without this level of detail, the document may fail to provide the protection intended and could be challenged successfully. For this reason, it is advisable to seek guidance from solicitors such as Clough & Willis, who can prepare a legal agreement that reflects both partners’ intentions and provides clarity around financial arrangements, property rights and future life events.

Why seek legal advice from a family law solicitor?

Family relationships can involve complex legal issues, and without the right advice, you may be left uncertain about your rights or exposed to disputes. At Clough & Willis, our family law team can guide you through every stage, whether that means creating a comprehensive cohabitation agreement, resolving disagreements or handling divorce and dissolution proceedings. By seeking legal advice early, you can protect your interests, safeguard your assets and approach the future with greater clarity and confidence.

Get in touch

No matter your circumstances, our family law solicitors are here to help with your family issues. We provide clear, practical advice on cohabitation, civil partnerships, marriage and the legal and financial matters that arise when relationships change.

Call Clough & Willis on 0800 083 0815 or fill in our online enquiry form to request a call back.