Unmarried Couples
The Collaborative Law process can work particularly well to resolve problems relating to issues regarding the breakdown in a relationship between unmarried couples. Please click here for more information, call 01284 763333, or email eah@gross.co.uk.
Contrary to common belief, there is no such thing as a common-law husband or common-law wife in this country. Unmarried couples have different legal rights in relation to property and finances to married couples.
If a couple plan to set up home together, it is advisable to enter into a living together agreement. If the relationship does then break down, the mechanics of what happens to the home, and other property will have already been agreed, and the process will be less complicated.
However, if the parties have not entered into a living together agreement, the laws governing relationship breakdown are not as comprehensive as divorce laws:
- Property law governs who may remain living in the family home. If you are a joint owner, you will have rights. If you are not, you may still have certain rights if you have contributed to the purchase of the home, or you may be able to claim an interest or right to occupy the home. It is essential to seek legal advice, as this is a very complicated area of law.
- Who retains other assets, such as cars and furniture will depend partly on who purchased the items.
- There is currently no equivalent of spousal maintenance for unmarried couples.
- Issues regarding children are dealt with on our Children and Child Maintenance pages.
The Law Commission are currently reviewing the law on unmarried couples. When we have any news to report, we will provide a summary of it on our website.
Please contact Elizabeth Hodder at eah@gross.co.uk or Julie McDonald at jm@gross.co.uk for further details.