Unmarried couples' rights
Helping unmarried couples understand their rights and protect their interests when relationships begin, change or break down.
Helping unmarried couples protect their assets, understand their legal position and plan for the future.
When unmarried couples separate, many are unaware of how limited their legal rights can be. Unlike married couples or those in a civil partnership, there is no automatic right to share property, savings, or pensions, regardless of how long you have been together or whether you have children.
The law for unmarried couples is complex, and it is essential that expert advice is sought, whether you are experiencing a breakdown of the relationship or you want to know what can be done at the outset or during a relationship to avoid later difficulties. Whether you need help with cohabitation agreements, financial arrangements, co-parenting matters or disputes, our specialist family law solicitors can help.
- Our flexible approach allows you to choose the level of support you need, with clear pricing and no unnecessary work.
- Trusted family law experts who advise families with practical solutions that prioritise children’s wellbeing.
- With the support of our in-house mediator, we help clients find constructive solutions wherever possible, reducing conflict, minimising costs and avoiding the stress of court proceedings.
- Backed by a leading full-service law firm, with access to other specialist legal advice whenever you need it.
Services for unmarried couples
As unmarried couples do not have the same legal protections as married couples, there are important steps you can take to safeguard your rights and avoid disputes in the future. These include:
Cohabitation agreements – This agreement sets out how finances, property, and responsibilities will be handled during the relationship and if it ends.
Prenuptial agreements – While not legally binding, a pre-nuptial agreement can carry weight in court and help set clear expectations for the relationship.
Declarations of trust – The declaration clarifies who owns what share in a property you buy together (or one that belongs to one party but is lived in by both) and how it should be divided if you separate.
Wills – Not to be missed, we recommend you ensure your partner is provided for if something happens to you, especially if you are not legally married.
Unmarried couples disputes
Unmarried couples can face a range of legal disputes when a relationship breaks down, particularly around property ownership, financial contributions, shared debts, and arrangements for children. Unlike married couples, there is no automatic right to claim a share of assets, which can make separation more complicated and stressful. Disagreements may also arise over who stays in the home, who keeps certain possessions, or how to divide jointly owned property.
As experienced family law solicitors, we help individuals in unmarried relationships resolve these issues fairly and protect their legal and financial position, whether through negotiation, mediation, or court proceedings where necessary.
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Looking for guidance on cohabitation agreements, or other unmarried couples matters? Complete our online form, and we’ll provide advice tailored specifically to your situation.
Unmarried couple's rights FAQs
What happens with debts in unmarried couples?
In unmarried couples, each person is generally responsible for their own debts. If a debt is in one person’s name, the other partner is not usually liable for it, even if they lived together or benefited from the spending.
However, if you have joint debts, like a mortgage, loan, or joint account overdraft, you are both legally responsible, and the lender can pursue either of you for the full amount. It is important to be clear about financial responsibilities when living together and make arrangements to avoid defaulting.
What legal rights do I have if we have children together?
If you are unmarried but have children together, you still have legal rights and responsibilities, especially where your children are concerned.
Parental responsibility: Mothers automatically have parental responsibility, although Fathers also have it if they are named on the birth certificate. If not, it can be obtained through a parental responsibility agreement or court order.
Financial support: Both parents are legally required to support their child financially, regardless of marital status. This includes child maintenance.
Living and contact arrangements: You have the same rights to apply to the court for decisions about where the child lives, how often they see each parent, or matters such as schooling and medical care.
Being unmarried does not reduce your responsibilities as a parent, but it may affect other areas like property and inheritance.
Do I have any rights if I’ve contributed financially to a property I don’t own?
If you have contributed financially to a property that is legally owned by your partner, you may be able to claim a beneficial interest in it, even if your name is not on the title deeds. This is typically done through a legal principle called a “constructive trust” or “resulting trust,” where you must show that there was a shared understanding or intention that you would have a stake in the property, and that you acted on that understanding (for example, by paying towards the mortgage, renovations, or deposit).
These cases can be complex and often rely on evidence such as bank transfers, messages, or witness statements. Our family law solicitors can help you understand your position and build a strong case if you believe you have a rightful claim.
Can I inherit from my partner if we’re not married?
If you are not married or in a civil partnership, you do not have an automatic right to inherit from your partner, even if you lived together for many years. Unless your partner made a valid will naming you as a beneficiary, their estate will be distributed under the rules of intestacy, which do not recognise unmarried partners.
However, if you were financially dependent on your partner, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
What legal rights do I have if I have been financially dependent on my partner?
If you have been financially dependent on your partner, and you are not married or in a civil partnership, your legal rights are limited, especially when it comes to property, pensions, or ongoing financial support after separation.
You do not have an automatic right to maintenance or a share of your partner’s assets, even if you contributed to the household or gave up work to support them. However, if you have children together, you may be entitled to child maintenance and in some cases help with housing or school costs.
If your partner passes away, and you were financially dependent on them, you may be able to make a claim under the Inheritance Act, provided they did not make reasonable financial provision for you in their will.
Can I get child maintenance if we were never married?
Yes, you can. Child maintenance is based on parenthood, not marital status. If you have a child together, the other parent is legally required to contribute financially, whether or not you were ever married or in a relationship.
Why would a cohabitation or pre-nuptial agreement help?
A cohabitation or pre-nuptial agreement can help unmarried couples by clearly setting out what happens to property, finances, and other assets if the relationship ends. These agreements provide legal clarity, reduce the risk of disputes, and protect both partners’ interests, especially if one person owns a home, earns significantly more, or has children from a previous relationship. They offer peace of mind and help avoid costly legal battles later on.
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Why use our family law solicitors?
Proactive advice, constructive family law solutions
We take a proactive approach to family law, helping clients put measures in place to protect their future, such as cohabitation agreements and nuptial agreements. Where disputes do arise, we focus on resolving matters constructively through negotiation, mediation and alternative dispute resolution wherever possible.
Trusted, specialist advice you can rely on
We provide expert family law advice backed by professional regulation and years of experience, ensuring agreements and legal documents are carefully prepared to provide you with confidence and clarity for the future.
We are a leading full-service law firm
Boyes Turner is recognised as a leading law firm by Chambers UK and The Legal 500. As a full-service firm, we can draw on the expertise of our other specialist teams across private wealth, dispute resolution and property to provide seamless support whenever you need it. We also work closely with other professional services that may be beneficial to you, such as counselling, financial advice and coaching, to ensure you have the full support you require.
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