Living together & separating as an unmarried couple

Unmarried couples who are living together do not have the same rights as married couples or couples in a civil partnership. Contrary to popular belief, there is no concept of a ‘common law marriage’ and the court does not have the same wide discretion to make financial orders to meet a person’s needs, regardless of how long they have been living together. That is why our experienced team are here to offer you advice on how to protect your position when living with a partner and assist with any challenges you may face if you separate.

What is a cohabitation agreement? Do I need one?

Before deciding to live with a partner, you may wish to consider entering into an agreement called a cohabitation agreement (or living together agreement). Cohabitation agreements will often be upheld by the court provided they are drafted and executed properly, which is why it is essential to take legal advice before an agreement is prepared.

These agreements allow you and your partner to set out your intentions at the outset as to how any property or other assets are owned and how financial matters are to be dealt with in the event that the relationship breaks down. You might wish to consider a cohabitation agreement if you are living in a property with your partner which is owned by one party alone, or is owned jointly in defined shares. It is often sensible to consider what, if any, impact any contributions to the property may have (such as payment of any mortgage or work to the property) and how any joint bank accounts or savings will be dealt with.

If you decide to then marry, you can choose to either revise the agreement or allow it to come to an end. Another option you may also wish to consider is a prenuptial agreement.

What happens when unmarried couples separate?

The breakdown of a relationship where a couple is not married nor part of a registered civil partnership is complex and fact-specific. Advice should be taken at an early stage so that you can make an informed decision as to how your assets, including any jointly owned property, should be dealt with. Our family lawyers will assist you with trying to reach an agreement as to how your assets should be treated and your legal rights in terms of the ownership and occupation of any property assets.

What if we have separated and we cannot agree how to deal with our finances?

If you are unable to reach an agreement, our family lawyers will be able to assist you in trying to negotiate a settlement, and we can provide advice as to alternative ways of resolving the issues between you. Mediation may be a suitable forum for further negotiation, or alternatively arbitration. In a small number of cases, it may be necessary to make an application to the court for assistance with resolving a dispute. Our team of experts in resolving disputes on separation will be able to guide you as to which may be the appropriate and cost-effective way forward for you.

When might I need a separation agreement?

If an agreement can be reached as to financial consequences of your separation, whether directly, via your lawyer or in mediation, our family lawyers will be able to advise you as to whether a separation agreement (or deed of separation) will be beneficial to record the terms of agreement. Depending on the agreement you have reached, it may be sensible for this to be formally documented so as to avoid any dispute later on about the terms that have been agreed.

Family-related legal issues can often be emotionally challenging and complex. Our team are experts in dealing with these matters and are here to guide and support you every step of the way. Our family and divorce lawyers help client across Kent, London and the South East. We advise on a full range of family legal services, from divorce/dissolution and related financial settlements to the arrangements for children and associated children matters. We also advise unmarried couples on the breakdown of their relationships.

We have particularly extensive experience in supporting high net worth individuals, dealing with matters involving complex asset structures and international elements. We help clients put in place nuptial or living together agreements, and advise on steps that need to be taken to protect our clients in need of or responding to injunctions.

Our team of family lawyers are legal professionals who are renowned for offering practical, clear and common sense advice and for providing compassion, empathy and a steadying hand in even the most unusual and complex of circumstances.

Our expert family and divorce lawyers in Kent are leaders in their field and our Family department is regularly recognised in rankings such as The Times’ ‘Top Law Firms’, Spear’s 500 Family Law Index and ePrivate Client’s Top Family Law Firms. We are also ranked as Band One in the Chambers legal directory and as Top Tier in the Legal 500.