There really is no such thing as a common-law husband or wife and this common myth leaves many cohabitees financially unprotected. A person will not gain any legal rights or financial protection by virtue of them living with another person (whether it be for 30 days or 30 years!), unless they are married or have entered into a civil partnership with that person. Principles of fairness and reasonableness do not apply to unmarried couples and often upon separation, the financial outcome can be very unjust. To avoid such an unfair outcome, or indeed a very costly legal dispute should the relationship end, the couple should consider entering into a living together agreement at the outset of the relationship.
When purchasing a property jointly as an unmarried couple you should both consider very carefully how the property will be owned, although it is usually appropriate to own the property as tenants in common as opposed to joint tenants. This is particularly important should you be making unequal contributions to the purchase price in order to avoid any future property disputes. Unfortunately, there are occasions where either the couple are not given accurate legal advice in this area, or do not fully understand the advice they are given when they are purchasing their home. We are able to offer specialist and clear advice to unmarried couples in relation to their property purchase.
Applications can be made by a parent or guardian under Schedule 1 of the Children Act 1989 for financial provision in relation to a child who is living with them. Such financial provision can include maintenance orders, lump sum orders and property transfer or settlements. These applications are complex and often made in conjunction with an application under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). Specialist advice should be sought from us in this area as soon as possible after the breakdown of a relationship where there are children involved.
An unmarried father will only have automatic parental responsibility for his child if he is named on the birth certificate and if the child was born after 1st December 2003. Parental responsibility can be acquired by a father by marrying the mother, by entering into a parental responsibility agreement or by obtaining a parental responsibility order from the court.
For detailed advice in any of these areas please contact us on 02380 713060 for an initial consultation.
Common law marriage occurs when two people agree to consider themselves married and live together as a couple, without going through the formal legal process typically required for marriage.
Many people mistakenly believe that living together for a certain amount of time automatically makes them 'common law spouses,' granting them financial rights in the event of a breakup. However, this is not true. Common law marriage is not legally recognised, meaning couples who have lived together do not have automatic rights to financial support from one another. If financial matters need to be resolved, unmarried couples face a complex web of legal procedures, which are far less straightforward than those available to legally married couples.
Your options in this situation depend on whose name the bills are under - joint names, your name alone, or your ex-partner’s name. If the bills are in joint names, both of you are responsible for making the payments and covering any outstanding debts. If the bills are solely in your name, you are responsible for them, and if they’re in your ex-partner’s name, they are solely responsible.
If you are unmarried but have children, your ex-partner is not required to pay maintenance to you. However, they are obligated to pay child maintenance based on the statutory formula managed by the Child Maintenance Service.
Married couples, on the other hand, can apply to the court for an order requiring their spouse to pay maintenance. This can help cover necessary and reasonable expenses until a financial settlement for dividing assets permanently is reached.
When unmarried couples separate, property is usually divided based on ownership. Anything one partner owned before the relationship typically remains theirs unless the other partner can show they contributed financially or otherwise to its purchase or upkeep. For property bought together, it’s generally divided based on how much each partner contributed, but proving this can be tricky without clear evidence like receipts, bank records, or contracts. Without a formal agreement in place, dividing property can get complicated and may require legal help. It’s best to consult a lawyer and consider creating an agreement that clearly outlines ownership, contributions, and your intentions upfront.
Whether you are married or not doesn’t make a difference. What matters most is resolving issues in a way that prioritises the children’s best interests and minimises disruption to their lives. If you are unmarried, it’s important to address the question of Parental Responsibility, and in all cases, to focus on meeting the children’s welfare needs. Speak to our team for more personalised advice.
This will typically depend on how the property is owned or rented. If the property is jointly owned or rented, it can be challenging to force someone to leave in the short term. Seeking legal advice is often necessary to explore the best options for your specific situation.
A prenuptial agreement is a legal document created by a couple planning to marry. It outlines how they wish to divide property, debts, income, and other assets - whether purchased together, acquired individually, or accumulated during the relationship - if the marriage ends. These agreements are voluntary and require careful drafting and legal guidance to ensure clarity and fairness.
A postnuptial agreement serves the same purpose as a prenuptial agreement but is created after the marriage has already taken place. Legal advice is essential for preparing and negotiating these agreements. Visit our dedicated page to learn more about prenuptial and postnuptial agreements.
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