For You and Your Family
Unmarried couples who are parting ways or stuck in a disagreement may struggle to split resources and make arrangements for their children.
Getting the right legal assistance can be the key to finding a fair resolution that benefits both parties involved.
At BakerLaw, our cohabiting couples solicitors are experts in guiding unmarried couples through disputes, including finances, child arrangements, property and co-ownership and other matters that may arise. Whether you are separating or looking for ways to prevent future disputes, we can help you take the right steps to protect yourself and to ensure an amicable relationship moving forward for the sake of the parties and any children.
Our family law solicitors in Farnham can advise on matters including:
We are here to support you through the issues in dispute and find straightforward resolutions that work effectively, allowing you and your partner to focus on moving forward.
You can contact your local BakerLaw office or email us at family.dept@baker-law.co.uk.
If you would like to learn more, please do not hesitate to contact our family law solicitors in Farnham on 01252 733770 or by emailing family.dept@baker-law.co.uk.
Separation when you’re not married can be complicated.
As there is no legal concept of ‘common law marriage’ in the UK, unmarried couples don’t have the same automatic rights as their married counterparts. This can cause significant disruption and the potential for disputes arising during a separation.
Our family law solicitor can help separating cohabiting couples with:
Unlike married couples, cohabiting partners or unmarried couples do not have automatic rights to financial support or a division of each other’s assets. This can make financial disputes between partners quite complicated and difficult to sort.
Our solicitors can help you whether you hold a shared joint bank account, contributed unequally to household expenses, or hold an informal financial agreement. We will advise you on your legal rights as an unmarried couple and can support you with:
If you’re not married but living together with a child, both parents have the legal obligation to provide appropriate financial support. If you and your partner or former partner are in a dispute or disagreement over child maintenance payments, we can assist with contacting the Child Maintenance Service (CMS) to calculate the regular payments, but we can also organise additional payments.
We offer guidance on child support and child maintenance when not married and ways to seek additional financial support, including with disabled or high-needs children, and finding ways to effectively resolve child maintenance disputes. No matter what, we will help to ensure your child’s welfare remains the priority.
If you are an unmarried couple with a child, it is vital to agree on where and who your child will live with and spend time, and other decisions relating to child arrangements and parental responsibility. Establishing the child arrangements of unmarried parents can be tricky, particularly if one parent does not have parental responsibility.
Whether you are concerned about unmarried mothers’ rights or fathers’ rights, we can help you to prioritise what is in your child’s best interests and resolve matters ranging from day-to-day care arrangements to shared decisions over health, education and religion.
Property rights for cohabitating or unmarried couples are not protected in the same way that they are for married couples. If you’re not on the title deeds or mortgage, then you might still be entitled to a share in the family home, particularly if you have made financial contributions.
We can assist you with determining unmarried couples’ property rights, establishing beneficial interests through contributions, and property disputes after separation. Whether you’re separated or living together but not married, we can clarify your position and protect your legal rights.
If you’re not married but living together, it’s crucial to plan ahead. One way to reinforce your plans and prevent future disputes is to sign a cohabitation agreement that clarifies what happens if the relationship breaks down in the future.
We can assess your current joint set-up and suggest how you can use a cohabitation agreement to your advantage, now and in the future, or to clarify matters in the event of separation. We will account for financial planning and children, protecting your future with a clear legal agreement tailored to your needs.
Unlike married couples, unmarried couples who split up are under no legal obligations to support one another financially. Each partner will retain their own income and assets, and any jointly owned property, such as homes and furniture, will be divided based on who it legally belongs to. If an unmarried couple has children, both parents have a financial and emotional responsibility to support them, regardless of their marital status.
No. Unmarried couples do not have the same legal rights as married couples, and there is no legal recognition of common law marriage in the UK. This means that unmarried couples or individuals have no automatic claim on income, pensions, or jointly owned assets.
Cohabiting couples have limited legal rights. For example, you are not entitled to spousal maintenance or automatic inheritance rights. Nonetheless, you might have a claim over property if you can prove a financial contribution, or can establish that it’s necessary for the support of any involved children.
The answer depends on whose name is on the property. If a sole individual has their name on the title, then the other party has no automatic rights to share, unless they can prove a contribution or agreement that suggests shared ownership.
If the property is jointly owned, each person will be entitled to their respective share. A court may decide how the property is to be divided, particularly when children are involved, as their well-being and the stability of their caregivers will be prioritised.
Not being on the mortgage makes it harder for you to claim a share, but it does not mean you have no rights at all. You may need to first establish a beneficial interest through an agreement under the Trusts of Land and Appointment of Trustees Act or other financial contributions. If a child or children are living in the home, then the court may make orders for their housing needs and best interests.
If you are an unmarried partner looking for practical, easy-to-follow advice to help you and your partner with finances, children, property and other disputes, our experts can help.
You can contact your local BakerLaw office or email us at family.dept@baker-law.co.uk.
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