Unmarried couples
The law relating to unmarried couples differs vastly from the law applicable to married couples or those in a civil partnership. There is a common misconception that a couple who live together acquire the status of a ‘common law husband/wife’ and an entitlement to the same rights of those who marry or enter into a civil partnership. This is not correct and the concept of a ‘common law husband/wife’ does not exist in UK law.
Upon a relationship breakdown, the court has a much narrower discretion in respect of the orders it can make, irrespective of how long an unmarried couple may have been living together, although the court does have greater powers, under Schedule 1 of the Children Act 1989, should there be children involved.
There are ways you can protect yourself when living with a partner, in the event of a separation, which can help mitigate the risk and minimise the likelihood of a future dispute or lengthy and costly court proceedings, for example entering into a Declaration of Trust and/or a Cohabitation Agreement.
Our skilled lawyers can provide you with the advice and assistance in drawing up documentation to protect your position, as well as acting on your behalf should a dispute arise, whether in relation to a property or financial provision for the benefit of a child.
To contact us with any enquiry, please fill in the following form so that a relevant legal advisor can contact you as soon as possible.