What’s in a Name? Understanding Modern Relationship Structures
“What’s in a name?” — When Shakespeare penned this famous line, he was reflecting on the complexities of a forbidden love, a relationship marred by family conflict and the risk of formalising that love through marriage. While the social landscape has changed dramatically since then, the question remains strikingly relevant today: does the label we give our relationships married, civil partnered, or cohabiting really matter?
Today, most couples are not dissuaded from marrying due to feuding families, but rather due to broader questions about marriage’s historical, religious, or gendered undertones. Many couples feel that the traditional vows and institutional origins of marriage do not align with their values.
Thankfully, modern society embraces a variety of family structures. Couples can choose to marry, enter a civil partnership, or simply cohabit. Each of these arrangements reflects a commitment, but they differ significantly in their legal and financial consequences. Civil partnerships, in particular, emerged as a crucial alternative for same-sex couples before the legalisation of same-sex marriage, offering a formal recognition of their relationships.
Since the Civil Partnership Act 2004, society has evolved. Today, same-sex marriages and civil partnerships exist alongside cohabiting relationships. However, challenges remain. For instance, Anglican marriage is still not available to same-sex couples, and religious institutions vary in their willingness to recognise or conduct such ceremonies. Consequently, many same-sex couples choose civil marriage ceremonies instead.
A crucial point of legal misunderstanding persists around religious marriages: not all are legally recognised. A Nikah, for example, will only be valid under English law if it satisfies the criteria set out in the Marriage Act including registration in a licensed venue and the presence of formal witnesses and documentation. Without this, a religious ceremony may have no legal effect, and couples may wrongly believe they are legally married when they are not.
If marriage is now broadly accessible, what purpose does the civil partnership serve? This was the subject of the landmark 2018 case of Charles Keidan and Rebecca Steinfield, who sought legal reform to open civil partnerships to heterosexual couples. While some in the LGBTQ+ community saw this as undermining legislation originally designed to address discrimination, others welcomed it as a necessary evolution, recognising that not all couples wish to engage in the religious or historical connotations of marriage.
Today, civil partnerships and marriages offer virtually identical legal protections including tax relief, inheritance rights, and dissolution processes the primary distinction is simply the name. Some argue that maintaining two parallel systems creates redundancy; others believe it offers essential choice and inclusivity.
Despite the growing flexibility in how relationships are formalised, a major legal pitfall remains: the myth of common law marriage. Many long-term cohabiting couples mistakenly believe that living together automatically grants them the same rights as married couples. This is simply not true. English law does not recognise common law spouses, and cohabiting partners lack legal protections unless they have formal agreements or shared ownership.
Consider the following example:
Mike and Mark have lived together for 20 years. Mike supported the relationship emotionally and practically by cooking, cleaning, maintaining their home while Mark, a banker, owned the house and covered the bills. If their relationship ends, Mike, now 65 and retired, may walk away with no legal claim to the property or financial support.
Unless Mike made a direct financial contribution to the property or they had children together, his legal position is precarious. Even where children are involved, the protections offered to unmarried parents, such as claims for child maintenance or limited housing provision but do not extend to long-term spousal-style support. The law in this area remains underdeveloped, and many campaigners, including the organisation Resolution, continue to push for reform.
Regardless of your relationship structure, there are practical steps couples can take to protect themselves:
Cohabiting couples should consider entering into a cohabitation agreement, especially when buying a property or raising children together.
Married or civil partnered couples may wish to enter pre- or post-nuptial agreements to clarify financial expectations.
All couples, especially unmarried ones, should prepare a Will and letter of wishes to ensure their partner is provided for upon death.
Many people avoid estate planning, believing it’s only necessary later in life. But for cohabiting or unmarried couples, this oversight can have devastating consequences, particularly if the intention is for a partner to inherit the estate.
While the law has made important strides in recognising diverse family structures, gaps in protection for cohabiting and unmarried couples remain. Continued legislative reform is essential to ensure fairness and security for all committed relationships, regardless of what name they go by.
In the end, whether you are married, civil partnered, or cohabiting, the key is understanding your legal position and making informed choices. After all, in law, what’s in a name? Quite a lot.
Written by Mark Gilmartin
Partner at JMW Solicitors LLP
Family Law & Divorce Solicitors - JMW Solicitors
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