If you are in an unmarried couple and your relationship breaks down, you may be surprised to find that you don’t have the same rights as people who are married or in a civil partnership.

This means that if you decide to separate you don’t automatically have the right to share in each other’s finances and property.

Whether you are moving in together or just planning for the future, it is a good idea to seek legal advice as there are steps you can take to give yourself certainty and avoid potential unfairness. We are widely recognised as one of the UK's leading family law teams and are accredited by independent legal guides Chambers & Partners and The Legal 500, so we are well placed to guide you through the legal process.

We can help you to work through and formalise your arrangements in a Separation Agreement, which sets out how you will split your finances, assets and childcare arrangements.

If you are considering moving in with your partner without getting married, we could help you put together a Cohabitation Agreement. This clarifies:

  • Who owns what, including your home, joint bank accounts and belongings
  • How payment of household bills is to be divided
  • Maintenance payments for any children, including school fees and payments for housing

Cohabitation Agreements are legally binding and enforceable, giving you real peace of mind and security for the future. We have particular expertise in relationships where one or both parties has significant wealth or owns property overseas.

Working with you, our solicitors can advise you on your situation and take you through every step of the process. Our no-nonsense approach will ensure you understand your options and feel comfortable with every decision you make.

If you require further advice on rights for unmarried couples, please contact us to speak with one of our experts. Call us on 0370 1500 100 or contact us online and we’ll get back to you as soon as possible.

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Clare Wiseman
Clare Wiseman Head of Family Law Meet the team

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Frequently Asked Questions

What Happens If We Are In A "Common Law Marriage"?

If you live together but are not legally married you are in a 'common law marriage’, which does not give you the same rights in law as a married couple.

In a separation, this means your partner may not have the same obligation to support you – and vice versa.

If you and your partner break up, you may find it more difficult to divide up your property and financial assets compared with a married couple. For example:

What About Children?

It is important to work out whether you have parental responsibility if you are in an unmarried couple and are separating.

Parental responsibility gives you the legal right to make decisions about issues such as your child’s education, religion and medical treatment. It also means you have to consult with – or be consulted on such decisions by - the other legal parent.

What About Debts?

Any debts in your name are your responsibility, and any debts in your partner's name are their responsibility.

Issues can occur when debts – such as an overdraft on a joint bank account, bank loan or mortgage – have been accrued in both your names.

I live in Scotland, can Irwin Mitchell help me?

Our expert family law team works with a number of trusted partners to help our clients with family law issues in Scotland.

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