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Separation lawyers & divorce solicitors

Legal advice is recommended when you separate from your partner, especially when children are involved

Talk to our our children and family law experts for advice on separation, whether you’re married or a cohabiting couple

Call 01572 490 660

Next Steps

Request Free Discovery Call

Please provide your contact information, and we will organise a complimentary, commitment-free discovery call at a time that works best for you.

Separation lawyers & divorce solicitors

Legal advice is recommended when you separate from your partner, especially when children are involved

Talk to our our children and family law experts for advice on separation, whether you’re married or a cohabiting couple

Call 01572 490 660

Next Steps

Request Free Discovery Call

Please provide your contact information, and we will organise a complimentary, commitment-free discovery call at a time that works best for you.

Separation

We speak to many people who have set up life with someone, perhaps had children together, bought a house, even created a business together, but didn’t get married. In these situations, divorce proceedings are not applicable, the cohabiting couple needs to resolve matters by formalising their separation.


It is important to realise, that the way the law deals with married and unmarried couples is very different. Separation does not afford the same legal rights as divorce on many issues, such as property.  We strongly recommend taking legal advice. 

Call 01572 490 660

or request a discovery call

Call 01572 490 660

or request a discovery call

Frequently Asked Questions

Separation for unmarried couples

The number of unmarried, cohabitant couples is increasing. The proportion of people aged 16 years and over living in a couple who were cohabiting (not in a marriage or civil partnership) went up from 19.7% in 2012 to 22.7% in 2022, according to official estimates. That’s a rise from 5.4 million people in 2012 to 6.8 million people in 2022.

There is no dedicated law for cohabitees in England and Wales, however, that recognises the needs of these cohabiting couples if and when their relationship breaks down. In a divorce, proceeds from assets such as the family home might be divided if there is a dispute. If you co-habit, you are not covered by divorce law. Other legislation, such as trust and property law, come into effect in matters related to property, for example. Equally, you have no automatic entitlement as a cohabitee to make claims against your ex-partner’s pension. You can’t apply for spousal maintenance.

It’s a situation that leaves many dependent cohabitees in difficulty. While remaining unmarried might suit you and your partner for all sorts of reasons, you need to be aware that the law will not cover you in the same way if you split up. The idea of a ‘common-law man and wife’ is a complete myth. If you are not married to your partner and you live together, you will not enjoy the same legal rights as a married couple if your relationship breaks down.

The exception in family law is where children are involved, because the court does not make a distinction between married and unmarried parents when considering matters relating to the couple’s children. Disputes on issues such as child arrangements are dealt with in the same way.

 

What the court considers when a cohabiting couple separate

Property and financial matters

Ownership - the court will look at how the property, such as the house and cars, is owned. Was it bought jointly or by one partner? Does documentation exist that outlines ownership?

Contributions - if ownership isn't clear-cut, the court may consider each partner's financial contributions to the property's acquisition and upkeep. This can include mortgage payments, renovations, or bills.

Intention - the court might also consider evidence of the couple's intentions at the time of purchase or cohabitation. Did they intend to share ownership equally, or was there another understanding?

Trust law - concepts from trust law might be applied to determine the beneficial ownership of assets.

It’s important to remember that there are no automatic rights for unmarried couples in property and financial matters. The court will rely on concrete evidence, such as property deeds, financial records or written agreements to make decisions.

Child arrangements (if applicable):

Your child's best interests - similar to married couples, the court's primary concern is the child's welfare when making decisions about living arrangements and contact with each parent.

Child's needs - the court will consider the child's age, needs, and emotional well-being when determining child arrangements.

Parental capabilities - both parents' capacity to care for the child, including their living situation, financial stability, and emotional well-being, will be assessed.

Here's what can help

Cohabitation agreement - having a cohabitation agreement drafted before moving in together can significantly reduce confusion and legal disputes during separation. It outlines ownership of property, how finances will be handled and any potential childcare arrangements in the event of a separation.

Legal advice - consulting with a solicitor who specialises in family law can be extremely beneficial, especially when navigating property division or complex child custody arrangements. They can advise you on your rights and options based on your specific situation.

Whatever you are facing, start with us

Divorce and separation are tough. When you end a relationship, big decisions need to be made and emotions often run high.

With our calm, knowledgeable advice, you will have answers that help you to make informed decisions, without worrying about things unnecessarily. We’ll use our extensive experience to tailor a solution that works hard to achieve the best outcome for you and your family.