Separating from a partner when you’ve never been married can feel uncertain and overwhelming, especially when trying to understand your legal rights and responsibilities.
Unlike on divorce or civil partnership dissolution, there are no set of rules that automatically apply if you split up from someone you are living with. Being with someone for a certain period of time does not mean that you are automatically entitled to financial support or that you have a claim on the other’s property after you split up. There is no such thing as common law marriage!
While the law treats unmarried couples differently from married ones, there are still ways to protect your interests and ensure a fair outcome.
Specialist family lawyer Deborah Cahill shares some things to consider as you approach this process whether it is navigating property, finances or arrangements for any children.
Understanding the legal position for unmarried couples
When separating as an unmarried couple, it’s important to know what the law says about property, finances, and children. Although the law doesn’t automatically provide the same protections as married couples, there are steps you can take to clarify your position and secure a fair separation.
Property ownership for unmarried couples
Property ownership is one of the most complex issues for unmarried couples. Here’s what you need to consider:
- Jointly owned property: If you own property with your partner, your legal position will depend on how the ownership is documented, which is usually determined when the property is purchased but may change during the relationship.
- Jointly owned property can be owned in one of two ways:-
- Joint Tenants: You both have equal rights to a share in the property.
- Tenants in Common: Your share of the property will reflect what was recorded on the title of the property when the property was purchased (e.g., a 50/50 split or other proportions).
- Solely owned property: If the property is in your partner’s name, your claims or rights may be less clear. You may still have a claim against the property if you’ve contributed to the mortgage, property improvements, or household finances, but any such claim will require specialised legal advice to assess and evidence.
To avoid disputes, it’s important to seek expert guidance to understand your rights and explore options for negotiating a fair division of property.
Financial support after separation
Unlike married couples, unmarried partners don’t have an automatic right to financial support from one another after separation.
However, there may be exceptions, such as:
- If you have children, the person with majority care may claim child support from the other parent
- they may also request financial support for the child form the non resident wealthier client, including possible money to help purchase a house and lump sums to pay for expenses.
- If you’ve financially contributed to property owned by your partner, you may have a claim for a share of its value.
Specialist advice can help you understand what you may be entitled to and how to protect your financial position.
Arrangements for Children of separating unmarried couples
If you have children together, you have the same legal rights and responsibilities as any other parent, regardless of your marital status.
- Living arrangements: Both parents are encouraged to work together to agree on with whom the children will live and how the children’s time will be shared between the parents.
- Parental responsibility: If you’re the biological mother, you automatically have parental responsibility. Fathers also have automatic parental responsibility if they’re named on the child’s birth certificate (after December 2003) or if they’ve entered into a parental responsibility agreement. Alternatively parental responsibility can be granted by court order.
If you’re unable to reach an agreement about the children, mediation or legal support may help resolve disputes. The court will always prioritise the child’s welfare when making decisions about child arrangements.
To discuss the legal position for unmarried couples in more detail please get in touch with our specialist team.
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