Legal Eagle: Is there such a thing as a common law wife?

September 18, 2016 by Melinda Giles

Melinda Giles from Giles Wilson Solicitor's is back, answering your weekly legal queries!

Question: Is there such a thing as a common law wife? If a couple live together for more than 6 months do they become one and have the same rights?

Answer: It is a myth that there is such a thing as a common law wife and the legal rights of couples that live together rather than marry or enter into civil partnerships are significantly different. Mostly these differences are only discovered when the couple splits up or one party dies; on a divorce often there is no protection to either party, and on death there is no automatic right to inheritance. In both cases it is possible to argue in court but this is something to be avoided if possible. So always worth exploring whether getting married is the right choice, and if not, get advice how to protect each other whilst you still want to!

This article is by Melinda Giles at Giles Wilson Solicitors
*** Shortlisted for Solicitor of the year in Private Practice at The Law Society Excellence Awards 2016

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If you would like to put forward a question too Melinda, please comment below or email joanna@leigh-on-sea.com