Contrary to common belief, there is no such thing as a ‘common law spouse’ or ‘common law marriage’ under the law in England and Wales. This concept is not recognised by the family courts, regardless of the duration of cohabitation or the presence of children. As things currently stand, living together as an unmarried couple does not grant you the same legal rights as those enjoyed by married couples or civil partners.
When an unmarried couple separates, neither person automatically gains the financial claims available to spouses or civil partners following divorce or dissolution. This means that, should you separate, your ability to make financial claims for property, pensions, or spousal maintenance will be significantly restricted unless specific arrangements have been made during the relationship.
Separation if you are unmarried can raise many questions, especially around the family home and financial support for you or your children. We can help you understand your position and plan for the future with clarity and confidence.
If you are unmarried and separating, or if you have concerns about your legal rights and responsibilities, please call us on 0203 924 8462 or fill in our contact form. Our experienced family solicitors will offer clear, confidential advice tailored to your specific needs and circumstances.
We can assist wherever you are based.
If you are facing separation as an unmarried couple, it is important to understand your legal position and the options available to you.
Unlike married couples, cohabiting partners do not automatically have rights to each other’s property or financial assets, making clear advice essential at this time. We provide expert legal support tailored to your circumstances, helping you understand your rights and work towards fair and practical solutions. This includes:
Property Disputes: We can advise on your rights to the family home or other property acquired during the relationship, and guide you through the process of making property claims.
Child Arrangements: Whether you are seeking contact or living arrangements for children, or simply want to establish clear parenting arrangements, we can help you navigate these discussions and protect your children’s best interests.
Financial Support: We can help clarify your position with regard to financial support for children and assist in seeking child maintenance through the appropriate channels.
If agreement cannot be reached informally, we can assist in pursuing resolution through mediation or, where required, through the court system. Our goal is to ensure that you and your children are supported both legally and practically as you move into the next stage of your lives.
The lack of legal recognition for cohabiting relationships can lead to uncertainty and confusion, particularly when it comes to issues like the family home or financial support. Unmarried couples may not have automatic rights to property they’ve shared, especially if the property is in one person’s name. This can result in complications if one partner has contributed significantly to the household but does not have ownership rights.
If there are children involved, unmarried parents are entitled to claim child maintenance, but the division of other financial matters such as the family home or assets accumulated during the relationship may require negotiation or court intervention. The absence of legal protections similar to divorce means that financial settlements for unmarried couples must be pursued through other avenues, such as property claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) or making an application for financial provision for children.
Many unmarried couples find themselves unsure of their rights when they separate, particularly if they have been living together for a long time or have children. If you are not married, the financial settlement upon separation will depend on the individual circumstances of the case. For example, if you have been living together for many years and jointly own a property, one partner may be entitled to a share of the home, depending on the legal arrangements in place, such as joint ownership or a declaration of trust.
If there are no formal agreements in place, the situation becomes more complicated, and seeking legal advice early on can help clarify your position. It is possible to make claims under property law to secure a fair settlement, but this will require legal expertise to navigate the often complex and contentious process.
For unmarried parents, while there are no automatic rights to spousal maintenance, there are rights for child maintenance and issues relating to parental responsibility. Unmarried fathers, in particular, may need to take specific legal steps to establish parental responsibility if they are not named on the child’s birth certificate. It is important to understand these rights to ensure that your children’s welfare is prioritised.
Whether you’re seeking to agree arrangements, respond to an urgent application, or resolve a dispute through the courts, we’re here to help.
We will guide you through and help you understand what claims you may have under the law. Our aim is to ensure your needs, and those of your children, are met and to support you throughout the process with clarity and care.
Speak to one of our experienced solicitors today for confidential, practical advice tailored to your situation.
