Separation

Navigating the breakdown of a relationship is challenging and can be particularly difficult for couples who are not married or in a civil partnership. Our experienced family law solicitors provide clear practical advice to help you understand your rights and protect your financial and family interests.

Legal rights for unmarried couples

Unlike married couples, cohabiting partners do not benefit from the same legal protections under family law in England and Wales.

Many people are not aware that cohabitation alone does not create automatic rights to property or financial support.

Property and financial claims

Disputes over property are common when unmarried couples separate. If you jointly own a property, your rights will depend on how ownership is recorded, for example, as joint tenants or tenants in common with a Declaration of Trust.

If the property is in one partner’s sole name, the other may still have a claim if they contributed financially or there was a shared intention to own the property together.

Provision for children

If you have children, it may be possible to apply for financial provision for the child from the other parent.

The court has the power to make orders for lump sum payments, settlement or transfer of property or periodical payments, for example.

These claims are designed to meet the child’s needs, not to provide long-term financial benefit to the parent and can be made in addition to a claim for child maintenance.

How our family law team can help

Our family law specialists have extensive experience helping unmarried couples protect their interests. We offer:

  • Expert advice on property disputes
  • Guidance on financial provision for children (Schedule 1 of the Children Act 1989)
  • Negotiation and mediation to avoid court where possible
  • Representation in court proceedings when necessary.

Arrange an initial consultation

If you are considering separation, or simply want to understand your options, we are here to help. Book an initial consultation with our family law team today to discuss your situation confidentially and find out how we can support you.

Key Contact

Caroline Keeley

Partner, Mediator and Head of Family Law

Meet the team

Contact the team

Here’s how to get in touch if you have any questions at all or would like to speak to us about your enquiry. Please complete the form below and one of our experts will get in touch to discuss how we can help.

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