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Common Law Marriage: What Cohabiting Couples Need to Know

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EPISODE DESCRIPTION

In this episode, Samara Dutton, Partner in Collyer Bristow’s Private Wealth Disputes team, is joined by Philippa Dolan, Partner in the Family team, to explore the widespread misconception of common law marriage, a “status” believed by 46% of the population, yet one that has no legal standing in England and Wales.

Using a listener scenario involving a decade-long relationship, two children, and a home owned by one partner, Samara and Philippa break down:

  • Why common law marriage doesn’t exist
  • What rights cohabiting partners actually have
  • How children change the legal position
  • Schedule 1 claims under the Children Act
  • Property rights, promises, and the limits of trust-based claims
  • The stark contrast with the rights of married couples
  • How inheritance and the Inheritance (Provision for Family and Dependants) Act 1975 applies

The conversation moves frankly, and often humorously, through the practical realities faced by unmarried couples, highlighting the risks, the protections available, and when legal advice is essential.

If you’re cohabiting, thinking about marriage, or advising someone who is, this episode offers clarity where myths continue to thrive.

Stay tuned — new episodes will be released on the last Monday of each month.

For questions or feedback, please contact us at lawtorn@collyerbristow.com.

Disclaimer: This content is provided for general information only and does not constitute legal or other professional advice. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information contained in this material.

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      • Common Law Marriage: What Cohabiting Couples Need to Know

        In this episode, hosts Samara Dutton and Philippa Dolan explore the widespread misconception of common law marriage

        Published 24 November 2025

        FAMILY AND DIVORCE & WILLS & SUCCESSION PLANNING

        PODCASTS

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      Contributors

      In this episode, Samara Dutton, Partner in Collyer Bristow’s Private Wealth Disputes team, is joined by Philippa Dolan, Partner in the Family team, to explore the widespread misconception of common law marriage, a “status” believed by 46% of the population, yet one that has no legal standing in England and Wales.

      Using a listener scenario involving a decade-long relationship, two children, and a home owned by one partner, Samara and Philippa break down:

      • Why common law marriage doesn’t exist
      • What rights cohabiting partners actually have
      • How children change the legal position
      • Schedule 1 claims under the Children Act
      • Property rights, promises, and the limits of trust-based claims
      • The stark contrast with the rights of married couples
      • How inheritance and the Inheritance (Provision for Family and Dependants) Act 1975 applies

      The conversation moves frankly, and often humorously, through the practical realities faced by unmarried couples, highlighting the risks, the protections available, and when legal advice is essential.

      If you’re cohabiting, thinking about marriage, or advising someone who is, this episode offers clarity where myths continue to thrive.

      Stay tuned — new episodes will be released on the last Monday of each month.

      For questions or feedback, please contact us at lawtorn@collyerbristow.com.

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