Skip to main content

Insight article

December 13, 2018

Millennials moving away from marriage

There has been a spate of recent media articles highlighting the numbers of young people in their 20s and 30s staying away from marriage, either entirely or until later life.

As to the likely cause of this shift in Millennials behaviour, there have been many theories put forward:

  1. The high costs of the wedding day, when balanced against the pressures of the private rental market and the drive to make that first step onto the property ladder.
  2. The fear of social stigma attached to divorce. A recent BBC News article interviewed several under 30 divorcees to gather their views. The majority have regretted marrying young and now warn their friends and family against following the same path.
  3. The perception that marriage is an archaic institution developed with patriarchal views. In a political and social climate which strives for gender equality, many young adults do not believe marriage is an avenue that supports those ambitions.

Our Family law specialist, Pippa Marshall, has another viewpoint to consider…

“An increasing percentage of Millennials are becoming more aware of their legal rights and feel that they don’t perhaps need the ‘safety net’ of marriage to protect their assets or defend financial claims should a separation occur.”

Unfortunately, this “awareness” is coming from a plethora of resources of varying accuracy. The phrase “common law marriage” is too often quoted as gospel and thus significantly misconstrued. Even national insurance companies, on their quotation forms, offer a relationship definition of “Common Law Partnered”. Put simply, there is no such legal principle as a common law wife or husband. Unmarried persons, with or without children, are protected financially by the law but not to the extent in which married persons are.

Pippa further explains;

“Married couples, when resolving their financial circumstance, rely upon one area of law and this encompasses their claims in respect of all their financial assets. Conversely, for unmarried couples these claims are protected but treated differently by being split into several strands. For example, an unmarried couple with a joint property, joint business endeavour and two children would rely upon potentially three different areas of law to resolve their claims in the event of disputes. The thresholds to pursue a successful claim vary greatly from those prescribed for disputing married couples.”

Evidently, in Pippa’s view, the phrase “common law marriage” should, in fact, be the “common law myth”. However, unmarried millennials can rest assured that a range of laws protect their financial assets should their relationship end. It is imperative that these couples understand the different strands of our legal system so that they can make informed decisions and take prompt steps, practically and/or legally, to resolve any disputes which arise.

While fewer people are marrying young, a growing number of couples marry later in life. By this time, they may have developed assets or have children from a previous relationship. We will speak with Pippa again in the New Year, looking at the proactive steps couples should take before mid-life marriage and the merits of a Pre-Nuptial Agreement.

Speak to family solicitor Pippa Marshall today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Deal or no deal? Keeping negotiations on track
    How to keep commercial deals on track with Heads of Terms, NDAs and exclusivity, improving efficiency, reducing risk and avoiding delays.


    Read more
  • Rights and wrongs: How AI is reshaping Employment Tribunal claims
    AI may be a familiar presence in the workplace, but it’s now starting to appear somewhere less expected: the Employment Tribunal (ET). Grayson Stuckey explores this trend – and what it means for employers.


    Read more
  • Renters’ Rights Act: why process and paperwork matter more than ever for landlords
    The Renters’ Rights Act has now passed into law, marking one of the most significant shifts in the private rented sector in a generation. Most of the new measures will take effect in May 2026, with a national landlord database to follow later in th


    Read more
  • Understanding the Roles of Executors and Trustees
    When making a will, you place significant trust in those appointed to carry out your wishes. Executors and trustees are key roles, often held by the same people, but their responsibilities differ. Understanding these roles and their obligations helps


    Read more
  • Assigning or Subletting a Commercial Lease: What Tenants Need to Know
    This article explains the key differences between assignment and subletting, outlines the legal framework in England and Wales, and highlights the practical issues tenants should consider before taking action.


    Read more

What they say...

  • Paul Woodman, March 2026
    Will writing “Excellent service from start to finish. Efficient and good value. Charlotte was very professional, knowledgeable and understanding.”

  • Client, March 2026
    Great Service “Contacted RIAA to update my will and other things. Charlotte and James provided an efficient, friendly service, and the process was dealt with quickly. Much appreciated.”

  • Client, March 2026
    Expert knowledge and support “Pippa was invaluable in her insight, knowledge, and support. Through what is a very difficult time, she gave me hope that there is something to be done. Very solutions-oriented!”

  • Eve, March 2026
    Professional, compassionate and seamless legal support “I would like to express my sincere gratitude to Charlotte, Solicitor at RIAA Barker Gillette (UK) LLP, for the outstanding support she provided to my father during the creation of his will

  • Laura Kelly, February 2026
    Review of legal guidance received “I recently worked with Patrick Simpson on my settlement agreement. Patrick guided me through every stage with exceptional care and diligence. He kept the process moving efficiently, always updating me promptly

Read more