Unmarried Couples and Separation: What Legal Rights Do You Have?

When an unmarried couple separates, many assume they have the same rights as divorcing spouses. However, under UK law, this is not the case. “Common-law marriage” is a widespread myth - there is no legal recognition of such a status, no matter how long you’ve lived together.

At MBH Solicitors, we regularly advise unmarried partners on their rights, particularly around property, finances, and children. Here’s what you need to know.

How Separation Differs from Divorce

When a married couple divorces, the court has wide powers to redistribute assets, order maintenance payments, and decide how property should be divided.

Unmarried couples, however, do not have the same rights. If you separate from a partner you are not married to or in a civil partnership with, you generally:

1. Have no automatic right to financial support from your former partner.
2. Cannot claim a share of their pension.
3. Are not automatically entitled to their property or assets unless your name is on the title deeds or there is evidence of common intention to share along with other various factors.

The only exceptions relate to children, where the court can make financial and housing orders to meet their needs.

Cohabitation Agreements

One way to protect yourself is through a cohabitation agreement. This is a legally binding document that sets out:

1. Who owns what in the relationship.
2. How bills, mortgage payments, and household expenses are shared.
3. What will happen to property, possessions, or joint assets if you separate.

It’s especially important for couples living together especially if the property is in one partner’s sole name; as it can prevent costly disputes later.

Property Disputes for Unmarried Couples

Property is often the biggest source of conflict. Key points to note:

1. If both names are on the title deeds, the property is usually owned jointly.
2. If only one partner is named, the other may still have a claim if they can prove they contributed financially and were promised a share (under trust law).
3. Claims are complex and often require court intervention if no agreement is reached.
4. Seeking legal advice early is crucial to avoid protracted and expensive disputes.

Next Steps if You’re Separating

If you’re unmarried and facing separation, it’s important to:

1. • Check whose name is on property deeds, bank accounts, and investments.
2. • Consider whether you have (or should create) a cohabitation agreement.
3. • Take advice on child arrangements and financial support if children are involved.

At MBH Solicitors, we provide clear, practical advice tailored to your circumstances so you can move forward with confidence.

👉 If you’d like to discuss your situation confidentially, contact our Family Law team today.

Email: mbh@wigansolicitors.com Call: 01942 206060