Unmarried Couples Legal Advice

No, unmarried couples do not have the same rights, protections or status as married couples. If you are not married to your partner, you do not have the same rights to claim financial support as married couples. This is the case regardless of how long you may have lived with your partner, or whether you have children together.

Many people wrongly believe that after a period of time, an unmarried couple become common law spouses. This is not the case, and it is important to understand that when an unmarried couple separate, they don’t have similar rights to married couples.

The current law of England and Wales for unmarried couples is fairly basic, although it is possible in the future that this may change. As things stand currently, an unmarried person can’t claim financial support or maintenance from their ex-partner (unless it is child maintenance for a child they have together). You can’t make a claim for a share of the ex’s pensions or any asset owned in their sole name either. There are some rare exceptions to this, however you would be advised to get expert legal advice to understand your rights and responsibilities if you are living with your partner but unmarried.

For more help or information about unmarried couples and their legal rights and options, or to book an initial no obligation telephone consultation, please contact Rowlinsons Solicitors and ask to speak to the Family Department.

There is the misconception that couples living together have the same rights as married couples. This is known colloquially as ‘common law marriage.’ Even if you have lived as a couple for many years or have children together, unmarried couples don’t have the same rights as married or civil partners. There is no such thing as common law marriage in England and Wales.

More people are deciding not to marry these days than ever before. Increasingly children are born outside of marriage and more families are living together as cohabiting families and blended families. Because partners’ lives become entwined it makes things incredibly complicated if you do split up.

Without any legal protection, you are at a disadvantage, particularly if you’re the financially weaker partner because you have few legal rights and responsibilities if you part ways. You could also be at significant risk if your partner moves in to a property owned in your sole name, as they may be able to bring a claim for a beneficial interest.

Often the first thing to think about if you are separating from your partner when you live together is what happens to the house. This will largely depend on who owns the house.

If the house is owned in joint names, the starting point is to work out whether you are joint tenants or tenants in common. If you own the property as tenants in common (whether 50:50 or in unequal shares) the share you are entitled to is usually the same as specified when you bought the property or subsequently entered into a written agreement or Deed. Often if you have agreed to own as tenants in common in unequal shares, a declaration of trust is entered into. Other times you may have simply opted for a 50:50 share. Usually you are entitled to whatever amount your beneficial ownership is expressed as, but there may be some exceptions to this.

If you own the house as joint tenants, you both own the house 100% together. In that situation you haven’t specified the exact amounts, or beneficial interest, you are each entitled to. The assumption is that it would be shared equally, but there may be arguments to say that would be unfair. This can sometimes make things more complicated, and it is important to get expert legal advice to understand your rights and options.

If the house is only owned in one of the couple’s names, the question will then be whether the non-owning partner has what is called a beneficial interest in the property. Sometimes, someone can acquire a beneficial interest in a property because they have contributed towards the deposit or the mortgage payments, they may have paid for some renovation work to the house like a new bathroom or kitchen, or they may have given up their own home in reliance on promises made that this would become their family home. Claiming a beneficial interest can be complex and it is really important that you take expert legal advice to understand your rights.

For more help or information unmarried couples separating, or the legal ownership of your property, or to book an initial no obligation telephone call, please contact Rowlinsons Solicitors and ask to speak to the Family Department.

An unmarried couple with children splitting up can face some complicated legal disputes. In many cases, the separating couple comes to an agreement independently, and can plan the details of how child care should be provided by each unmarried parent without the intervention of a court. However, it is not uncommon for couples not to come to an agreement when the relationship breaks down, requiring an application for a Child Arrangement Order.

This must be done through the courts, and requires an expert team of family lawyers to get the best legal advice.

Should you become the primary carer for a child, the other parent could be liable for child maintenance. You will need to make an application with the Child Maintenance Service (formerly Child Support Agency). They will assess your financial and personal situation, as well as the current agreements for child care and the involvement of the non-resident parent, to conclude an appropriate amount of child maintenance.

Unlike cases involving married couples in a divorce, financial settlements for unmarried couples are only applied to very rare cases, and limited in scope. You have no right, by default, to claim a share of your ex-partner’s assets, their pensions, or property - unless you can prove a beneficial interest.

Claims for child maintenance must be made through the Child Maintenance Service if your case is eligible, but their amount can be topped up by the court if the non-resident’s parent’s income is over £3,000pw. They may also oversee claims for child provisions outside of the scope of the Child Maintenance Service, which are regulated by the Children Act 1989.

It’s very important that you take legal advice before buying a house with your partner. A solicitor will be able to advise you on the various options, and the pros and cons of each.

There are two main ways of owning a property in joint names, and there are legal and practical implications to consider for each. If you buy a property as joint tenants, you each share 100% ownership of the property. If you have put more money in to the house than your partner, it is important to understand you might not get this back. If you separate from your partner and you own a house as joint tenants, the assumption is that the house should be shared 50:50 between you both.

The other way to own a property jointly is called tenants in common. You can be equal, 50:50 tenants in common, which means you are each entitled to 50% if you separate. You can also choose to be tenants in common in unequal shares, for example 70:30. This can be a good option if you want to protect a deposit or contribution you make to a property that your partner doesn’t match. You can have what is called a Declaration of Trust setting out the amount each of you get from the house. You can record specific details, such as receiving back the deposit you have received, and then dividing the remainder in a certain way. 

If you would like more legal advice about buying a property, Declarations or Trust, or what happens in the event of a separation, please contact Rowlinsons Solicitors.