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.
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.
A cohabitation agreement is a written document setting out what should happen should the relationship breaks down. It will usually be drawn up at the outset of the relationship, but, can be drawn up at any time thereafter.
The agreement will deal with matters such as how property will be divided after the breakdown, and what financial provision, if any, one party will make to the other.
The purpose of the agreement is essentially twofold: to avoid conflict and to ensure reasonable financial provision for both parties after relationship dissolution.
We can advise you upon the terms of the agreement, and prepare it for you.
Our experienced cohabitation solicitors are here to assist you in safeguarding your future and ensuring a smooth process.
When any couple separates, they will need to make arrangements for their dependent children, including deciding with whom the children should live and, if living with just one parent, what contact they should have with the other parent.
Ideally, these arrangements can be sorted out by agreement without involving the court. However, if an agreement cannot be reached, it may be necessary to ask the court to determine the arrangements.
Our cohabitation solicitors will assist you in trying to reach an amiable agreement regarding the children’s arrangements. If that is not possible, we can provide expert advice and support you throughout the court process.
It is essential to ensure that any dependent children have adequate financial provision.
Financial provision can include child support maintenance. We can help you to agree child maintenance or, if that is not possible, we can guide you through the process of an application to the Child Maintenance Service.
Financial provision for children encompasses more than just child maintenance.
An important consideration is housing for the children, especially if the parent they will live with does not own the home in which the family had been residing.
In such situations, the parent who will have custody of the children may seek financial support from the other parent to secure a suitable home for the children.
As expert cohabitation solicitors we are dedicated to assisting you in reaching an agreement on financial provision for the children. Should an agreement prove elusive, our team is prepared well prepared to provide guidance and support throughout the process of applying to the court for financial assistance.
As already mentioned, when an unmarried couple’s relationship breaks down they do not have the same rights as married couples to claim a financial settlement from their former partner. They cannot, therefore, normally claim a share of their former partner’s property for themselves, even if that was the property in which they were living as a couple.
However, if they have a share in the property, it becomes imperative to determine the value of that share. Subsequently, they may seek to sell the property to realise their share.
These matters can be resolved through mutual agreement or, if necessary, via court proceedings. Rest assured, we are fully equipped to offer comprehensive advice and assistance throughout the entirety of this process.
Separating as an unmarried couple presents its own set of intricate and individual challenges. Our team of cohabitation solicitors are here to help you whatever your situation.
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