do engaged couples have the same rights as married couples?
it is widely known that marriage confers certain rights on the married couple. unmarried couples, regardless of whether or not they live together, do not acquire such legal rights. similarly, common law couples (ie partners who live together for a long time without being married or in a civil partnership) do not acquire such legal rights as common law marriages are generally not recognised in the uk.
broadly speaking, the same is true for engaged couples. in most circumstances, the law does not treat engaged couples differently from cohabiting couples or those simply dating.
however, in certain circumstances, engaged couples are provided with some enhanced protections (more on this below).
what rights do engaged couples have regarding engagement gifts?
when family and friends give gifts to an engaged couple, it's generally assumed that the gift is intended for both individuals unless there is clear evidence to suggest otherwise.
if the engagement is called off, there's a presumption that the gifts should be returned if requested, though, in practice, most people may feel morally obligated to return them regardless.
while a third party may not mind smaller gifts, like a blender or air fryer, not being returned, they may seek legal recourse if they provided significant contributions, such as funds for major property renovations intended for the couple’s future home or significant contributions to the couple’s honeymoon. in such cases, the third party may be able to pursue compensation through the courts.
the engagement ring itself is treated similarly and is seen as an ‘absolute gift’ unless there is evidence to the contrary. for more information, read who owns an engagement ring if the engagement is called off?.
what rights do engaged couples have regarding property ownership?
engaged couples are awarded enhanced rights over unmarried couples in relation to property ownership and property rights (ie land).
the general position under the trusts of land and appointment of trustees act 1996 is that unmarried couples may make a claim for beneficial interest in a property. this process tends to be time-consuming and costly.
a beneficial interest grants somebody a financial stake in a property and/or the right to live in it, even if the person’s name is not on the legal title. for more information, read legal interest and beneficial interest in property.
engaged couples, or formerly engaged couples, much like other unmarried couples, are entitled to claim a beneficial interest in a property owned by their (former) fiancé(e). they are also awarded certain enhanced rights under the law reform (miscellaneous provisions) act 1970 and the matrimonial proceedings and property act 1970.
these enhanced rights stipulate that a (formerly) engaged couple should be treated as though they were married and their interests in the property will be determined accordingly. this means that it will be easier to prove such a beneficial interest. specifically, the law provides that where a (formerly) engaged person contributed money, or money’s worth, to property improvements for a property in which either person has a beneficial interest, the contributing person can acquire a share (or increased share) in that property.
in other words, if one person makes mortgage contributions or spends money to renovate their home, which is owned solely by their (former) fiancé(e), they can likely claim a beneficial interest in that property.
these enhanced rights only last for three years after the end of the engagement, so anyone wishing to rely on them should seek legal advice as soon as possible.
if you intend to buy property while engaged, it is a good idea to enter into a declaration of trust to record the proportions in which the property is owned by both parties. for more information, read declaration of trust for property.
what inheritance rights do engaged couples have?
engaged couples are not awarded special inheritance rights simply because they are engaged.
the rules of intestacy, which govern how a deceased person’s belongings (ie those comprising their estate) are divided if a will was not made, do not make specific provisions for fiancé(e)s.
however, much like cohabiting couples, a surviving fiancé(e) may make a claim on the decade’s estate under the inheritance (provision for family and dependants) act 1975. such a claim can only be made if the surviving person can prove that they were financially dependent on the deceased.
to help avoid any issues relating to inheritance, it is advisable for somebody who is engaged to make a will to help protect their fiancé(e). note that a will may be automatically revoked upon marriage unless otherwise stated in the will.
for more information, read intestacy rules and reasons to make a will. consider using our will drafting service if you require a bespoke will.
what rights and responsibilities do engaged couples have in relation to any children?
what rights and responsibilities parents have in relation to their children depends on whether they have parental responsibility for a given child. engaged couples are treated the same as unmarried couples for the purposes of gaining parental responsibility. in practice, this means that:
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birth mothers automatically acquire parental responsibility
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fathers gain parental responsibility if they are registered as the father on a child’s birth certificate
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anyone else can gain parental responsibility if the mother agrees. this agreement should be recorded in a parental responsibility agreement
all parents must financially support their children, regardless of whether they have parental responsibility.
for more information, read parental responsibility, child maintenance, and child custody.
what immigration rights do engaged couples have?
engaged couples in the uk can take advantage of the family visa. a non-uk fiancé(e) can apply for this visa to enter the uk if they intend to marry within the next six months. anyone who is engaged can apply for this visa, regardless of how long they have been in a relationship. this stands in contrast to unmarried couples, who must have been together for at least two years before applying for a family visa.
for more information on family visas, including eligibility requirements, how to prove your relationship, and how to apply, see the government’s guidance on family visas. for more information about getting married as a foreign national, read how to marry a foreign national or non-resident.
for most engaged couples, the focus is on celebrating their love and planning their future together. however, understanding the legal rights and responsibilities that come with engagement can help them navigate any uncertainties that may arise. whether it’s about property ownership, inheritance, parental rights, or immigration matters, being informed can empower couples to make the best decisions for their relationship and future.
if you have any questions or concerns about your rights, do not hesitate to ask a lawyer.