Separating - Unmarried couples
Separation can be a challenging and complex process for unmarried couples. Navigating the division of finances, property and addressing matters involving children require expert guidance.
If you're separating, we can guide you through the complex issues constructively and with as little conflict as possible.
The law for cohabitants is different to divorce, yet the emotional impact of separation remains the same. Unfortunately, unmarried couples are left trying to pick their way through a minefield of complicated and outdated property and trust laws. This can leave you facing costly disputes and financial hardship when your relationship ends.
We provide clear, practical advice tailored to your unique situation, ensuring you can move forward with confidence. Our goal is to minimise conflict and find solutions that work for you, protecting your interests and if needed, those of your children.
If you are facing separation as part of an unmarried couple, let us help you through the legal complexities and emotional upheaval, to ensure a secure future.
We'll put your children first
Whether you're married or not, the legal position regarding arrangements for children when couples separate is essentially the same. We will discuss with you how mediation, collaborative practice, or arbitration may help achieve the right outcome for you, where court proceedings might not be necessary.
While simply living together doesn't grant separating cohabitants any automatic financial rights against each other, child maintenance is handled separately. Usually, regular maintenance is payable in line with the Child Maintenance Service (CMS) formula. For high earners, the court can order additional payments beyond the CMS maximum. If there is any dispute over private school fees, the court can also mandate their payment. With our extensive experience, we can guide you through these issues and ensure you understand your options and rights.
Our separation lawyers
Resources
Explaining family law podcast
Facing a family law issue and not sure what's involved? Our podcast is the right place to start.
Family and children blog
Our family and children law blog provides practical advice and insight on a wide range of topics by our family and children lawyers.
Family law vlogger YouTube
On our YouTube channel, Caitlin Jenkins, the Family Law Vlogger gives you guidance on your first step in sorting out your issues.
Unmarried couples separating FAQs
It is a common misconception that living together for a certain period of time grants a couple a legal status similar to being married. This does not happen in England and Wales. Regardless of the length of the relationship, couples who only live together do not enjoy the same rights and protections as those who are married or in a civil partnership.
Many people think that unmarried couples who are living together have a common law marriage and that this gives them the same or similar rights to divorcing couples when they separate. In England and Wales there is no such thing as a common law marriage. Regardless of the length of the relationship, couples who live together do not enjoy the same rights and protections as married couples.
Unmarried couples do not have the same legal rights or financial claims as married couples when they separate. Unmarried couples have no claim to maintenance - regular ongoing financial support - from each other for themselves. However, when children are involved, child maintenance may be payable and it may be possible to make an application to the court for financial provision for the children too. This could include money to pay for school fees or a car, or even a house.
A mother automatically has parental responsibility for her child from birth. An unmarried father does not automatically get parental responsibility. However, you can acquire parental responsibility if:
- You registered the birth of your child jointly with the mother (and your name is on the child's birth certificate)
- You go to a Family Court and get given parental responsibility. This will be through a parental responsibility order or an order stipulating that the child will live with you.
- You have a formal, written agreement with your child’s mother giving you parental responsibility.
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