Advice for unmarried couples on cohabitation agreements, property and separation. From our North Shields office for clients across Newcastle and the North East. Book a free 30-minute consultation.
Unmarried couples do not have the same legal rights as married couples or civil partners when relationships come to an end.
We provide specialist advice to cohabiting couples on protecting their interests through cohabitation agreements and resolving disputes relating to property ownership and finances.
Our solicitors regularly assist clients with TOLATA claims, disputes concerning beneficial interests in property, and financial issues arising after separation. Whether you are planning to move in together or facing a dispute following the breakdown of a relationship, we can help you understand your legal position and explore your options.
We advise on:
Planning to marry or enter a civil partnership? A prenuptial agreement sets out how your property and finances would be divided if you separate, and can build on a cohabitation agreement you already have.
If you have children together, we can help you agree where they will live and how much time they spend with each parent.
Is there such a thing as a common law marriage?
No. Common law marriage does not exist in England and Wales, however long you have lived together. Unmarried partners have no automatic right to a share of each other's property, savings or pension if they separate.
Is a cohabitation agreement legally binding?
A properly prepared cohabitation agreement can be legally binding. Both partners should take independent legal advice, give full financial disclosure and sign it freely. It should be reviewed if your circumstances change, for example if you buy a property or have children.
Who gets the house if we separate?
It depends mainly on how the property is legally owned and any written agreement about your shares. If you are not on the title, you may still have a claim if there was a shared intention that you would have an interest. These claims are usually brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
What about our children if we separate?
Both parents can apply to court about where children live and the time they spend with each parent. Financial support for children is usually arranged through child maintenance. In some cases, the court can also order housing or lump sums for the children's benefit.
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