We will explain the law relating to unmarried couples and how to separate with your partner following a relationship breakdown
Unmarried cohabiting couples are often unaware that they do not have the same rights as married couples when separating. This can have devastating consequences for the family, especially when children are involved.
There is no such thing as a ‘common law marriage’ in England and Wales and unfortunately the law relating to unmarried couples is limited.
Cohabiting couples do have options available to them to help separate amicably, and in unhappy circumstances, there are applications that can be made to the court to resolve the issues in dispute.
We work closely with Kate Brown at Bridge Mediation
Apply for your child maintenance online on the CMS website
If you’re planning to set up a home with your partner you may wish to enter into:
To define and regulate the respective rights and responsibilities while you are living together, if you die whilst living together and if you separate.
If you intend to purchase your home together, consider entering into a Declaration of Trust to define how you hold the property and in what shares.
If you have separated from your partner you may wish to enter into a separation agreement to set out the arrangements following your separation.
A separation agreement is not legally binding but it can provide a useful framework to follow when dividing assets, particularly when the separating couple declare that they intend to be bound by the terms of the agreement.
Separating unmarried couples should ask a family solicitor to draft up the separation agreement after discussing the terms in general with each other.
There are two relevant laws available to separating couples:
Any person who is a trustee of land or has an interest in property subject to a trust of land may make an application to the court for an order under S.14 of this Act.
The court can make an order for periodical payments, lump sum and transfer of property for the benefit of a child under this Act.
Cohabiting couples should consider agreeing the arrangements for the child by consent and prioritise the child's housing need.
Consider agreeing the arrangements for the child by consent and prioritise the child's housing need.
Aim to reach an agreement about your children and money, belongings and the family home and take legal advice.
There is no such thing as a common law marriage in the UK.
Our fees are charged on a time spent basis. The fees for attending court are significantly higher than the fees for drafting a financial agreement reached by consent. Your solicitor will explain the fees to you at the initial consultation.
Spousal maintenance is when a party pays ongoing maintenance to the other if this is fair in the circumstances. This maintenance is generally limited to a period of time to enable the receiving party to find their feet and become financially independent.
Child maintenance is maintenance paid for the children of the family and is dealt with by the child maintenance service, if it cannot be agreed between the parties.
We are here to support you, and to put your mind at ease, by explaining your options to you in plain English. Contact us to arrange an informative initial consultation.
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