At Walker Family Law, family law is all we do, meaning we are uniquely positioned to assist clients in matters concerning unmarried couples. We will guide you through your options with sensitivity and compassion, delivering tailored solutions to suit your specific circumstances. Our team of specialist cohabitation solicitors have a wealth of expertise, allowing you to have peace of mind as we help you pave the way for a positive and confident future.
It is becoming more and more common for couples to live together without getting married, but this can lead to a number of legal challenges if the relationship ends, especially when finances, property, or children are involved. Walker Family Law offers straightforward, practical advice to help you understand your options and make the right decisions for your situation.
When an unmarried couple’s relationship ends, they do not have the same rights as married couples to claim a financial settlement from their former partner. Contrary to popular belief, there is no such thing as a ‘common law marriage.’ However, this does not mean that there are no legal issues to address when an unmarried couple separates.
If the couple have dependent children they will need to arrange who the children will live with after they separate.
They will also need to arrange financial provision for the children, including child support and possibly housing for the children.
The couple may also have property issues to resolve, particularly the homey they lived in together.
Resolving some of these matters, especially those related to finances, can be complicated. The lack of financial rights can leave a former cohabitant in a very difficult financial situation after the relationship ends. To avoid these issues, many unmarried couples choose to enter into a cohabitation agreement, outlining what will happen should the relationship break down.
At present there are no laws regulating what happens financially when an unmarried couple ends their relationship. Contrary to popular belief there is no such thing as a common law spouse. If couples own a property together their ownership of that property will almost certainly dictate what happens to that property when they separate. If the property is not in joint names, it may be very difficult for the non-owning party to achieve any benefit from it. There is no responsibility for cohabiting couples to provide financially for one another.
If you are planning to cohabit, we strongly advise that you take advice about entering into a cohabitation agreement which can establish an agreement between you in relation to your finances. If you are planning to purchase a property together you should each take independent advice to ensure that your financial contributions to the property are reflected in the way that you own it.
If you are unmarried and have a child it may be possible to postpone a sale of a property if that property is needed to provide that child with a home. If that happens however and the property is owned by one parent alone the property will revert to them when the child achieves their majority. Having a child does not give an unmarried parent an interest in the other’s property. This is a complex area of the law and if you think it may b relevant to you please seek our specialist advice.
Child support can be claimed but there is no provision for support to be paid to the parent caring for the child.
As the law currently stands the difference between married and unmarried couples could not be greater. Unmarried couples have no financial rights arising out of their relationship. Discussions are currently ongoing with a view to changing the law to grant such rights but as things currently stand there is no indication of when this will be achieved.
Our specialist solicitors are experienced in assessing what claims, if any, may be made by a party to an unmarried relationship and will provide frank, pragmatic advice as to the options available to you.
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