Legal Rights of Unmarried Partners

​​​​​​​Most people in an unmarried relationship do not realise that they need legal advice until after their relationship is in trouble. The best London family law solicitors say that it is essential that couples in unmarried relationships take legal advice so that they know their legal rights.

People often assume that if you are not married or not in a civil partnership, you have the same legal rights and responsibilities if you are in a committed unmarried heterosexual or same sex relationship. The top London family law solicitors will tell you that is not the case.

If you are in a unmarried relationship and your relationship breaks down then your legal position is likely to be completely different in comparison to if you were married or in a civil partnership. As a result, the legal consequences of a relationship breakdown can be far harsher and more legally complicated to resolve.

The best London family law solicitors are used to those in unmarried relationships quoting the concept of the “common law marriage” and assuming that they have legal rights as a result of the length of their unmarried relationship but that is not correct. Any legal rights an unmarried partner may have comes from the application of property law and other bits and pieces of family legislation. As protection for those in unmarried relationships is limited it is vital that cohabiting couples take advice on relationship agreements and expert legal advice from top London family law solicitors if their relationship breaks down.

How can OTS Solicitors help?

For legal advice and help on unmarried property and cohabitee claims or information on the law on unmarried relationships or for advice on the drawing up of a cohabitation agreement please call the family law team at OTS Solicitors on 0203 959 9123 to discuss how we can help you.

Legal issues if you are in an unmarried relationship

If a couple are not married or in a civil partnership then they will have the same legal issues as a married couple namely:

• Resolving the parenting arrangements for their children; and
• Resolving what should happen to the family home; should it be sold or transferred to the partner who will continue to live at the family home;
• Resolving financial support claims such as maintenance for a partner , child support or payment of school fees;
• Resolving other claims such as over second properties, business assets, investments or pensions.

The top London family law solicitors say that the major difference for children and financial solicitors is that for married couples there is clear legislation saying what a husband and wife can claim for as well as statutory criteria setting out how a family law judge should exercise discretion when making a financial court order.

In contrast, if a couple are in an unmarried relationship there is no one piece of legislation or criteria setting out how property or other financial claims will be resolved. Furthermore, if a couple are in an unmarried relationship the family court has very little discretion to make the type of financial and property orders that it thinks is necessary to meet the concept of fairness or to meet needs.

Unmarried relationships and children law on resolving custody and access

In the main, the law relating to children is the same whether parents are married, in a civil partnership or are in an unmarried heterosexual or unmarried same sex relationship. The only difference that top London family law solicitors may need to advise on is parental responsibility for a child.

A mother always has parental responsibility for a child. If a father is married to the child’s mother, he will have parental responsibility. An unmarried father may have parental responsibility if he is named on the birth certificate. However if the unmarried father does not have automatic parental responsibility he can acquire it by agreement with the child’s mother or by a parental responsibility court order.

The important point that the best London family law solicitors make is that it does not matter if you are in an unmarried relationship or not when it comes to children law. When the court makes custody and access orders (now known as child arrangements orders) the court considers what orders are in a child’s best interests and will meet the child’s needs rather than considering the legal status of the relationship of the child’s parents.

Unmarried relationships and property and financial law

When it comes to unmarried relationships and property and financial claims there is a vast difference between the rights of a couple in a married or civil partnership relationship and a couple in a cohabiting relationship.

An unmarried partner has to rely on property law to make claims over a house or other type of property, such as a holiday home. If an unmarried couple are in business together, an unmarried partner has to rely on business law to secure their interest in business or company assets. In contrast if you are married or in a civil partnership, matrimonial or family law can be used to resolve all financial claims, including the claims of a spouse over property or a business. This enables the divorce court to look beyond strict legal entitlements and make orders that meet needs after considering matrimonial legislation and statutory criteria to make a divorce financial settlement.

In an unmarried relationship, a partner has no right to claim spousal maintenance and cannot ask the court to make a pension sharing order. Property and business claims are only relevant if an unmarried partner can say that they have a legal or beneficial interest in property or in a company.

The best London family law solicitors advise that if a couple in an unmarried relationship cannot agree about the division of property when the relationship comes to an end, an application under the Trusts of Land and Appointment of Trustees Act 1996 may be made. This type of court application can be made even if the property is owned in the sole name of one party. That is provided that there was a common intention that the other party should have a beneficial interest in the property. Alternatively, the partner who does not legally own the property may have contributed financially towards the property and may be able to claim a beneficial interest. For example, the non-legal owner may have contributed towards the mortgage or paid for home improvements and, therefore, may have acquired a beneficial interest in the property.

In these types of property claims , where it is being argued that there is what is known as a resulting or constructive trust has arisen, it is essential that an unmarried partner takes specialist legal advice on their claims and how best to resolve them .

How can OTS Solicitors help?

For advice and help on unmarried property claims and the law on cohabiting or unmarried relationships or for advice on the drawing up of a cohabitation or relationship agreement please call the family law team at OTS Solicitors at OTS Solicitors on 0203 959 9123 to discuss how our family law solicitors can help you.