Unmarried couples

It is a common misconception that if a couple live together for a long period of time or have children together they become “common law spouses”. The reality is however, that no matter how long your relationship or intertwined your lives are, unmarried couples do not have the same protections and rights as married couples do.

In the unhappy event your relationship breaks down, cohabitants do not have an automatic right to a share of property held in their partner’s sole name on separation, even if you have made financial contributions towards the property. We can advise whether one party has acquired a beneficial interest in the property or whether there may be a claim for financial provision for the children of the relationship under Schedule 1 Children Act 1989.

When it comes to jointly owned property, the division of these assets are not dealt with in the same way as married couples. Generally, jointly owned property is split equally unless there is a declaration of trust in place to preserve monies for the benefit of one party. There is no automatic entitlement to financial, capital, spousal maintenance, or pension claims. 

If there is a dispute as to how the assets should be divided, cohabiting couples must rely on complex land and trust laws to determine the outcome. We endeavour to resolve these disputes through negotiation and agreement where possible.  We can draft a Separation Agreement for you and provide you with advice on the terms of the agreement. If Court intervention becomes necessary, we will guide and support you throughout.

An increasing number of couples are choosing not to get married, whether it is due to money, lifestyle or preference. There are actions that you can pre-emptively take to protect yourself if you are entering into a cohabiting relationship. We are able to assist with the drafting of cohabitation agreements, which is a contract between unmarried couples that sets out who owns what, what the financial contributions and responsibilities shall be during the cohabitation period and how the assets shall be divided in the event of a relationship breakdown.

Another concern for separating couple is child arrangements, the Courts do not differentiate between married or unmarried couples when determining child arrangements. However, a cohabiting father does not have automatic parental responsibility over his child unless his name is on the birth certificate. Our team has extensive experience in preparing Parental Responsibility Agreements and dealing with applications for Parental Responsibility Orders through the Courts.

Many unmarried couples feel in the dark as to their rights upon separation. We aim to help support and guide you through this time. Please contact our Family Law team to arrange your free initial appointment today.

We have offices in Bath, Chippenham, Cheltenham, Swindon, Salisbury and Newbury.