Cohabiting couples (commonly known as unmarried couples) who separate currently have little or no legal rights against one another. Unfortunately, common law marriage is only a myth and therefore even couples who have been together for decades, may discover upon separation that they do not have any legal recognition, leaving them with no ability to ask the Court for a financial award against their former partner.

Depending on how any property is legally and beneficially owned during the relationship, there may be the potential for a claim in relation to jointly occupied property under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). However, such applications are far from straightforward and can be very expensive.

If the separating couple have dependent children, then the parent with whom the children are based may make a variety of claims for financial support for the children. To find out more, please see the 'Financial Provision for Children - Unmarried Couples' page.

Cohabitation Agreement

If you are considering cohabiting as an unmarried couple, you may wish to formalise the financial relationship between you which can be achieved by way of a cohabitation agreement. Please do contact us if you would like to discuss this further.