Unmarried couples and rights on separation
Unmarried couples do not have the same property or legal rights as married couples or civil partners. Likewise, they are not entitled to making any financial claims upon separation. Despite an increase in cohabiting relationships, most people are still unaware of the unmarried couple’s rights upon separation.
Legal Rights of Unmarried Couples on Separation
Unmarried couples do not have legal rights or ongoing financial obligations towards each other as their married counterparts. Upon separation, there may be very little that can be done through family law proceedings in case of the absence of a living-together agreement.
If the cohabitation agreement was signed at the beginning or any point in the relationship, the couple can be eligible for division of property and financial support depending on the terms of the agreement. In relation to property rights, it is significantly impacted by whether the couple has children or not.
Rights of unmarried couples with children
If the unmarried couple has a child, a parent can apply under Schedule 1 of the Children Act 1989 for a lump sum, settlement, or transfer of property order. Moreover, cohabiting couples with children have the same parental rights and responsibilities as married parents.
Unmarried couples have financial obligations in relation to the upkeep of children even after the breakdown of the relationship. They can voluntarily agree to living and contact arrangements or move to the court for a Child Arrangement order.
Rights of unmarried couples without children
In the case where there are no children, the cohabitant has no claim in his/her own right. Neither party is liable for any financial obligations, division of assets, or entitled for other financial claims.
No matter how long they were in a relationship, they have no right to claim property, capital, or maintenance against the other. However, they can divide the jointly-owned assets upon separation.
Cohabitation Agreement
If the couple wants financial support or shares in the property after the relationship breakdown, they can enter into a cohabitation or living together agreement. It will cover ‘who gets what’ in the event of separation.
Cohabitation agreements are legally binding and limit disputes and risks of court proceedings after separation. Typically, it covers agreements about the division of finances and assets and housing arrangements.
Considering their financial situations, couples can carefully draft a cohabitation agreement that sets out who gets what and in what proportion. Contact a solicitor before signing the agreement to make sure it is properly drafted to be legally enforceable.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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