This article corrects some widespread but inaccurate beliefs about the law in England and Wales, using publicly available guidance from regulators, Parliament and Citizens Advice. It is general information only, not legal advice — the exact position can still depend on your individual circumstances, so speak to a qualified solicitor or a free advice service such as Citizens Advice about your own situation.
Myth 1: “We’ve lived together for years, so we have a common law marriage”
Reality: there is no such thing as “common law marriage” in England and Wales, regardless of how long a couple has lived together. Citizens Advice is explicit that there is no single legal status created automatically by cohabiting, however long the relationship lasts. Unmarried couples do not gain the same automatic legal rights as married couples or civil partners — for example, over property, inheritance or financial support — simply by living together. Couples who want to formalise their arrangements can consider a cohabitation contract (a “living together agreement”) and a separate declaration of trust over property, but neither is created automatically by time spent living together. This is one of the most persistent misunderstandings in UK family law and is worth checking carefully if it applies to you.
Myth 2: “Legal aid doesn’t exist any more”
Reality: legal aid still exists in England and Wales, but it is now limited to specific types of case and is means-tested. According to GOV.UK, civil legal aid can still help with matters such as risk of losing your home through eviction or serious disrepair, domestic abuse, and some discrimination and family cases involving children — but it generally does not cover most debt problems or employment disputes (other than discrimination). Whether you qualify depends on both the type of case and your income and savings. You can check your own position using GOV.UK’s “Check if you can get legal aid” service, or by calling the Civil Legal Advice helpline. The service was significantly narrowed by reforms over the last decade, which is likely why the “no legal aid any more” belief has taken hold — but for the case types it still covers, it remains a real, if means-tested, option.
Myth 3: “No win, no fee means it costs me nothing, even if I win”
Reality: “no win, no fee” (a conditional fee agreement) means you generally don’t pay your solicitor’s basic fee if you lose — but if you win, a success fee is usually deducted from your damages. Under the Conditional Fee Agreements Order 2013, that success fee is legally capped, in personal injury cases, at 25% of the damages awarded for pain, suffering and loss of amenity plus past financial losses (future losses, such as ongoing care costs, are excluded from the cap and protected). It is a real deduction from money you are awarded, not a cost-free arrangement. It is also worth checking separately whether the arrangement covers what happens if you lose and the other side’s costs become payable — this is often handled through separate “after the event” insurance, which may itself carry a cost.
Myth 4: “I always have 14 days to change my mind and cancel any contract”
Reality: the 14-day cooling-off right under the Consumer Contracts Regulations only applies to specific situations — mainly things bought at a distance (online or by phone) or away from a trader’s usual premises — and it has important exceptions. It generally does not apply to things you buy in a shop, or to certain categories such as personalised goods, sealed items once unsealed, or services you have specifically asked to start (and agreed to lose the cancellation right for) within the 14 days. The rules on exactly when the 14-day period starts, and what a trader must tell you about it in advance, are detailed and vary by whether you are buying goods or a service — so it is worth checking the specific type of contract you have signed rather than assuming a blanket 14-day right applies.
Myth 5: “Anyone can call themselves a solicitor if they know about the law”
Reality: “solicitor” is a legally protected professional title in England and Wales, regulated by the Solicitors Regulation Authority (SRA). To use the title, a person must be admitted to the roll and hold a current practising certificate; using the title without authorisation is a criminal offence. You can check whether a named individual or firm is currently SRA-regulated using the SRA’s public Solicitors Register, which also shows certain published regulatory decisions (generally retained on the site for around three years). The SRA itself notes that a “no result” on the register does not automatically prove someone isn’t a solicitor working under a different regulator — but a search is still the quickest, free way to check before instructing anyone. See our guide on how to check a solicitor is regulated for the full process.
Why these myths persist
Most of these misconceptions spread because they sound plausible, are repeated casually, and rarely get corrected until someone is directly affected by the gap between the myth and the actual rule — often at a stressful moment, such as a relationship breakdown or the end of a legal case. Checking the primary source (a regulator, GOV.UK or Parliament, rather than informal advice) before relying on any of these assumptions is the safest habit, and costs nothing.
Sources
- Citizens Advice, “Living together and marriage – legal differences” — citizensadvice.org.uk
- GOV.UK, “Legal aid: Eligibility” and “Check if you can get legal aid” — gov.uk/legal-aid
- The Conditional Fee Agreements Order 2013 (SI 2013/689) — legislation.gov.uk
- House of Commons Library, “No win, no fee funding arrangements” (CBP-7607) — commonslibrary.parliament.uk
- Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 — legislation.gov.uk
- Solicitors Regulation Authority, “Check a solicitor’s record” — sra.org.uk
