What Are Your Rights When Separating from a Partner?

A Guide for Unmarried Couples

The number of unmarried couples in the UK continues to rise, with recent data showing over 3.6 million cohabiting couples in England and Wales. Despite this growing trend, many couples remain unaware of what their legal position would be, should their relationship break down.

At Maguire Family Law, we regularly support couples through separation, helping them navigate the complex legal landscape that applies to unmarried partners.

Understanding Your Legal Position

One of the most common misconceptions we encounter is the belief in ‘common law marriage’ which is the idea that living together for a certain period gives you the same rights as married couples. This is not true.

The legal framework for separating unmarried couples is fundamentally different from divorce law, and understanding these differences is crucial.

According to research published in the Journal of Social Welfare and Family Law (Thompson et al., 2023), many cohabiting couples only discover their limited legal rights during separation, leading to increased emotional and financial stress.

Here are some key areas separating couples need to consider:

1. Property Rights and Division

When it comes to property, the legal position can be complex:

• The property owner on the legal title has the strongest rights.
• Non-property-owning partners may have rights under trust law if they’ve made significant contributions.
• The court can make orders under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
• If you’ve contributed to mortgage payments or property improvements without being on the deed, you may need to prove your interest in the property through a trust of land claim.

2. Children and Parental Responsibility

For separating couples with children, there are several important considerations:

• Both biological parents have financial responsibilities, regardless of marital status.
• Unmarried fathers may need to establish parental responsibility if not named on the birth certificate.
• Child arrangements need to be agreed upon or determined by the court.
• The court’s primary concern is always the welfare of the children. We can help you navigate this process while keeping your children’s best interests at heart.

3. Financial Matters

Unlike divorce, there is no automatic right to claim maintenance or a share of your partner’s assets:

• No right to spousal maintenance.
• Pension sharing is not available.
• No automatic entitlement to a share of savings or investments.
• However, there are other legal routes available to protect your financial position, particularly if you have children together or have made significant contributions to shared assets.

Protecting Your Position During Separation

Taking proactive steps can help protect your interests.

Documentation and Evidence

Keep records of the following:

• Financial contributions to property and household expenses.
• Any written agreements about property or financial arrangements.
• Evidence of improvements made to a shared property.
• Text messages or emails discussing property ownership or financial arrangements.

Immediate Practical Steps

You should consider these essential actions:

1. Open separate bank accounts if you haven’t already.
2. Make new arrangements for paying bills and mortgages.
3. Secure important documents and valuables.
4. Review and update your will and other legal documents.

Legal Options Available To You

Several legal remedies may be available:

• TOLATA claims for property disputes.
• Schedule 1 Children Act claims for child maintenance and housing.
• Occupation Orders if you need exclusive use of the family home.

At Maguire Family Law, we can advise on the most appropriate legal options for your situation.

Special Considerations for High-Net-Worth Individuals

For couples with substantial assets, separation can be particularly complex:

• Business interests may need protection.
• Investment portfolios might require careful division.
• Tax implications need careful consideration.
• Professional valuations may be necessary for significant assets.

How Maguire Family Law Can Help

Our expert team specialises in supporting unmarried couples through separation. We offer:

• Clear, practical advice on your legal position.
• Strategic guidance on protecting your interests.
• Support in negotiating fair arrangements.
• Expertise in complex property and financial matters.
• Assistance with child arrangements.

We understand that separation is emotionally challenging, and legal uncertainties can add to your stress. Our approach combines technical expertise with empathetic support, helping you achieve the best possible outcome.

Contact Us

If you’re facing separation or want to understand your legal position as an unmarried partner, contact us today. We’ll guide you through your options and help protect your interests during this challenging time.

Sources

Thompson, R., et al. (2023). “Legal Recognition of Cohabiting Relationships: Contemporary Challenges and Solutions.” Journal of Social Welfare and Family Law, 45(2), 156-174.

Office for National Statistics. (2024). “Families and Households in the UK: 2023.” Retrieved from ONS website.