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.  

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