The number of cohabiting couple families has increased by over a quarter since 2008, overtaking the number of couples getting married.

However, 46 per cent of people in England and Wales believe that they will acquire legal rights within a cohabiting relationship because of what is referred to as 'common law marriage'.

Unfortunately, there is no such thing as 'common law marriage' and cohabiting couples do not have the same legal rights as married couples.

At VWV, a common problem we see is that one of the couple dies without a will naming their partner. This means they are not automatically entitled to their assets or to stay in the shared home (unless the assets or home were jointly owned).

Similarly, a cohabiting father (not named on the child's birth certificate) would not have the same automatic parental responsibility rights as a father married to their child's mother.

What can I do to protect my rights?

• Talk to each other to establish how you would both want protection if unforeseen events were to happen.

• Ensure that assets utilised by both of you, such as bank accounts and properties are held in joint names.

• Enter into a cohabitation agreement. Such an agreement sets out the nature of your financial relationship and establishes your rights should that relationship break down.

• If you wish to pass assets to your partner on your death, make sure that you have a will in place.

• Regularly review both your cohabitation agreement and your will to ensure that the documents still appropriately address your needs and deal with all of your assets. Not many people know, for instance, that a will automatically becomes worthless if you marry after making it, unless the marriage is specifically provided for in the will itself.

  • Nigel Mears is a partner at award-winning law firm VWV, which has offices in Clarendon Road, Watford