When a cohabiting, unmarried couple separate the legal issues are somewhat different than for a couple who have the legal protection of marriage. A myth still perpetuates that a couple who is not married, but is living together with a child are ‘common law husband and wife.’ There is no such thing.
Whilst married couples have certain rights under English law, relating to finances and children, cohabiting couples do not have the same legal rights.
If you have any questions about the rights of unmarried couples in the UK, please get in touch with our expert solicitors at Woolley & Co. Call on 0800 321 3832 or complete our online form.
Getting together – making it legal
Few people remember the legal implications of marriage which include the financial ties created between two people and the rights that marriage gives to fathers in terms of parental responsibility for any children of that relationship.
For those couples who are not married but living together, a living together agreement, sometimes called a cohabitation agreement, can provide some legal protection.
With more and more people choosing to live together rather than get married cohabitation agreements, sometimes called living together agreements are becoming more common.
Woolley & Co can often prepare a Cohabitation Agreement for a fixed fee. Contact us on 0800 321 3832 to discuss your particular circumstances.
Separation for cohabitating couples
The process of separation for an unmarried couple with a living together (or cohabitation agreement) should be pretty straight-forward. If there is no living together agreement and the relationship between the couple has broken down such that they are unable to agree arrangements between themselves there may be very little that can be done using family law proceedings. If there is a joint property or business it may be possible to ask the courts to decide how this should be shared. The basis on which you own the property will be very important here (see Your rights to the family home when you separate).
For advice call 0800 321 3832.
Common questions for unmarried couples
What are the rights of unmarried couples living together?
Unmarried couples living together — commonly referred to as cohabiting couples — do not have the same legal rights as married couples or civil partners in law. There is no legal recognition of a “common-law marriage”, regardless of how long a couple has lived together. This means that partners do not automatically acquire financial claims against each other if the relationship ends.
However, there are some limited protections. For example, both partners may have rights under property or trust law depending on ownership arrangements and financial contributions. If children are involved, both parents may still have parental responsibility and obligations such as child support. But when it comes to finances, housing, and inheritance, the law treats cohabiting couples very differently from those who are legally married.
What rights do cohabiting couples have if they have children?
The law is designed to protect children and therefore when an unmarried couples with a child split up, the concern will be for the welfare of any children of the relationship. If a couple cannot agree about where their children will live and contact arrangements the court can be asked to consider the case and make a judgement. In an ideal world however parents should try and make arrangements and come to an agreement between themselves. If they cannot, an application can be made to the courts for a Child Arrangement Order, which will set out living, care and contact arrangements for the child.
Couples who are not married but have a child together should try to agree amongst themselves how they will both financially support their children once they separate but if an agreement cannot be reached you can appeal to the court to make a decision.
Do you have the same rights if you’re not married?
No, you do not have the same rights if you’re not married. The legal framework in England and Wales provides far fewer protections to cohabiting partners compared to those who are married or in a civil partnership. Unmarried couples are generally not entitled to spousal maintenance, automatic inheritance, or a share of a partner’s pension unless specific legal arrangements are in place.
This disparity often surprises people who assume that long-term cohabitation gives rise to rights similar to marriage. In reality, the legal rights of unmarried couples are limited and fragmented, which is why clear legal planning is essential for those choosing to live together without marrying.
Do unmarried couples have automatic inheritance rights?
Unmarried couples do not have automatic inheritance rights If one partner dies without leaving a will, the surviving partner is not legally entitled to any part of the estate, even if they have lived together for many years. This applies regardless of whether the couple has children or shared property.
To protect a cohabiting partner, it is crucial to make a valid will. Without one, the estate will be distributed according to the rules of intestacy, which favour spouses, civil partners, and blood relatives. Seeking advice from unmarried couples’ solicitors can help ensure that a partner is properly provided for in the event of death.
What happens to jointly owned property if an unmarried couple separates?
When an unmarried couple separates, jointly owned property is typically divided based on the legal ownership recorded in the property title. If both names are on the deeds as joint tenants, each person is presumed to own an equal share. If the property is held as tenants in common, ownership may be split in unequal shares as specified in a declaration of trust.
Disputes can arise when only one partner is named on the title but the other claims a beneficial interest due to financial contributions or agreements. These cases are resolved through property or trust law, not family law, making them more complex and unpredictable. Legal advice is essential to navigate unmarried couples’ property rights during separation.
Can unmarried partners claim spousal support (maintenance) after a breakup?
In general, no. The law does not entitle unmarried partners to spousal support or maintenance following the breakdown of a relationship. This is one of the key differences between marriage and cohabitation. Even if one partner was financially dependent on the other, there is no legal duty to provide ongoing support once the relationship ends.
The only exception relates to child maintenance. If the couple has children together, the parent who does not live with the child may be required to contribute financially, regardless of marital status. But personal support for the former partner is not available unless covered by a private agreement.
Are unmarried partners entitled to a share of their partner’s pension?
Unmarried partners are not automatically entitled to a share of their partner’s pension upon separation or death. Unlike married couples, who may be able to make claims on each other’s pensions in divorce proceedings, cohabiting couples must rely on whether the pension scheme allows for nomination of a partner.
To provide for a partner, the pension holder must actively nominate them with their pension provider. Without this step, even long-term cohabiting partners may receive nothing on death. It is wise for unmarried couples to review pension arrangements regularly and consider getting professional advice on future planning.
How do unmarried couples divide assets if they don’t have a formal agreement?
If an unmarried couple breaks up and does not have a cohabitation agreement, the division of assets can be legally complex. Unlike divorcing spouses, cohabiting partners have no general rights to each other’s property or finances, and each retains ownership of what is in their name. Jointly owned items may be split equally, but disagreements are common.
In the absence of formal documentation, disputes are handled through civil courts, applying principles of property and trust law. This can be time-consuming and costly. The best approach is to document intentions clearly in writing while the relationship is stable, especially when buying property or making significant financial commitments together.
What steps should unmarried couples take to protect their financial and legal interests?
Unmarried couples can take several steps to protect their financial and legal interests. Creating a cohabitation agreement can set out how property, finances, and household contributions will be handled during the relationship and if it ends. Making a will ensures that a partner is provided for in the event of death. Clear records of financial contributions are also useful in the event of a dispute.
It’s important for unmarried couples living together to seek unmarried couples’ legal advice to understand their position fully. Consulting unmarried couples’ solicitors before buying property or starting a family can prevent future misunderstandings. Taking these steps can offer security and clarity, reinforcing the limited legal rights of unmarried couples under current law and helping them assert their rights in respect of children and other family needs where applicable.
Expert legal advice for unmarried couples
The family lawyers at Woolley & Co can advise on all of these issues, supporting couples to come to agreements about the division of any finances and property and make arrangements for the care and support of their children, including applications for court orders.
For advice on your position contact Woolley & Co on 0800 321 3832 or request a call using our online form.
