Comedian Gervais does more to kill ‘Common Law Marriage’ Myth than years of legal advice

Comedian Gervais does more to kill ‘Common Law Marriage’ Myth than years of legal advice

Ricky Gervais has done something that family lawyers have been trying to do for years: given a national platform about the myth of the ‘common law marriage’.

The comedian has been with his partner Jane Fallon since the early 1980s, have lived together and by any normal definition, have had a relationship that looks very much like a marriage.

But legally, they have not been married, which makes all the difference.

Now Gervais has revealed that inheritance tax rules could finally persuade him to, using the old terminology, tie the knot.

His much-publicised comments provide a better opportunity than any legal campaign to explain this infuriating myth in English family law.

There is no such thing as a ‘common law marriage’

Ask any random people whether a couple who have lived together for many years become a ‘common law husband and wife’ and many will say yes.

They don't.

There is no legal status of common law marriage in England and Wales.

Living together for a certain number of years does not automatically give an unmarried couple the same legal rights as a married couple or civil partners. Parliament itself has previously highlighted the widespread misunderstanding surrounding so-called common law marriage.

That means a couple could have lived together for decades and still find themselves in a different legal position from a married couple if their relationship ends or one partner dies.

Ricky Gervais: ‘How more married can you be?’

Gervais and Jane Fallon have been together since 1982, longer than the lives of many people reading this, who have had families.

Gervais has said that their relationship is effectively a marriage anyway. But he has now suggested that inheritance tax could be a reason to make their relationship legally official.

The spouse exemption can allow assets to pass between married couples or civil partners without an immediate inheritance tax charge. Unmarried partners do not automatically receive the same exemption.

So, after more than four decades together, the comedian has voiced a practical reason why the legal distinction between being married and unmarried matters.

And that brings us back to the common law marriage myth.

Why ‘we've been together for years’ isn't enough

One of the most dangerous assumptions an unmarried couple can make is:

“We've been together for so long that we're basically married.”

There isn't a magic number of years after which an unmarried couple acquire the financial rights of husband and wife.

An unmarried partner does not automatically acquire a right to a share of property. They do not automatically inherit their partner's estate if there is no appropriate will, and they do not have the same financial claims on separation as a spouse.

There can be exceptions depending on individual circumstances, particularly where children, property ownership, trusts, wills and financial contributions are involved. But these are not the same as having the protections of marriage.

 

Why this matters to couples in Staines

This isn't simply a legal technicality.

For couples living together in Staines, and across the region, or wherever, the misunderstanding can have significant financial consequences.

Property prices mean that the family home is generally the most valuable asset a couple owns, but there may also be pensions, investments, savings and business interests to consider.

If the property is owned in one partner's name, the other partner should not assume that living there gives them an entitlement to it.

Similarly, if one partner has sacrificed their career to look after children or the household, they should not assume that they will receive the same financial protection that would apply on divorce.

The law concerning cohabiting couples is complicated, and the precise position depends on the circumstances.

That is why obtaining advice before a problem arises can be so important.

 

The myth has been remarkably difficult to kill

Family lawyers, like ourselves, have been warning about the common law marriage myth for years.

People hear “common law husband” or “common law wife” and reasonably assume that it must be a recognised legal status.

The phrase is widely used in everyday conversation, but it does not turn a cohabiting couple into a married couple.

Even in 2026, legal organisations continue to describe the common law marriage misconception as one of the most persistent myths in family law.

And this is where Ricky Gervais is doing lawyers and co-habiting couples a huge favour.

 

What should unmarried couples do?

If you are living with a partner and have chosen not to marry, it doesn't mean that you are unprotected.

However, it means you need to think about your protection.

Depending on your circumstances, this might include:

• Making or reviewing wills

• Considering how your property is owned

• Putting a declaration of trust in place where appropriate

• Considering a cohabitation agreement

• Reviewing pension nominations and life insurance

• Understanding what would happen to the family home if one partner dies

• Taking advice where one partner has made substantially greater financial contributions

• Reviewing arrangements where there are children from previous relationships

The right arrangements will depend entirely on the personal circumstances.

 

The law may be changing but the myth still needs correcting

There is also an important development on the horizon.

The Government has been consulting on potential reforms to the law affecting cohabiting couples. Changes could give some unmarried couples greater financial protection in the future, for now, couples should understand the law as it stands.

 

Ricky Gervais may have finally found the perfect way to explain it

After 44 years together, he and Jane Fallon are probably about as far from the stereotypical image of an unmarried couple as it is possible to get.

If even Ricky Gervais can use his own relationship to highlight the difference between being together for decades and being legally married, there is finally hope that the common law marriage myth can begin to be put to rest.

We hope this has helped, and if you are an unmarried couple and want to understand your legal rights, we, as a specialist family solicitor in Staines can advise you on the vital steps you can take to protect your home, finances and family. Please do not hesitate to get in touch.