Unmarried and splitting up: a guide to your rights as an unmarried partner
This time of year is known as a time for divorce. Top London divorce solicitors have never really known why. After all, the phenomenon cannot just be down to the January blues.
As a London family solicitor, I often think that although there is a raft of advice for married couples who are separating at this time of year there is very little information and support for those wanting to leave a cohabiting relationship.
How can OTS Solicitors help?
For legal advice and help on unmarried property and cohabitee claims or information on the law on cohabiting 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.
The statistics
If you are in a cohabiting relationship and you are uncertain about your legal rights then you are not alone.
There are about 3.3 million cohabiting couples in the UK. What is more cohabiting relationships are the fastest-growing family type in the UK.
Of those 3.3 million couples, many assume that they have the same or similar rights on separation as a husband or wife. Top London family solicitors often find that the misconception arises because they think they are a common law husband or wife.
The reality is that there is no such thing as a common law husband or wife and depending on how property and assets are owned in a cohabiting relationship one partner may have few or no financial or property claims.
For cohabitees who are separating the extent of their rights and claims may hinge on whether they took legal advice before they bought a property with their unmarried partner and drew up a cohabitation agreement.
What is frustrating for those in cohabiting relationships and top London family solicitors is that there is not one clear piece of law that gives guidance to the court on how the property and assets of unmarried partners should be divided on separation. Instead, cohabitees, family solicitors and judges all have to consider different pieces of law when looking at the rights of those in cohabiting relationships.
Cohabiting couples have no right to half the assets on separation
Most of us have heard that on divorce the court starts from the premise that assets and property should be split equally unless there is good reason to depart from an equal division.
The best London family law solicitors will tell you that is not the case if you are in a cohabiting relationship.
A cohabitee cannot claim:
- Half the family home unless they can establish property rights over the family home. They do not need to be a legal owner of a property to be able to claim property rights;
- Half the pension as a pension is owned in one person’s name. It is therefore not a joint asset. Pension sharing legislation only applies to married couples;
- Half the savings unless they can establish a legal right under property law to a share of their former partner’s savings or the savings are held in a joint account;
- Half the family business unless they are a partner or shareholder in the business and are legally entitled to half the business. If you are in a cohabiting relationship and you are employed by your partner’s business you will have employment law rights, as an employee but you will not be able to make a claim against the company or firm unless you are an owner.
In the opinion of many top London family solicitors the piecemeal legislation governing the rights of those in cohabiting relationships can produce some very unfair results.
For example, take the couple who buy a family home together with one of them putting down a large deposit. A year later, they split up. Depending on the type of co-ownership, the law may say they are entitled to half the equity in the family home so the partner who provided the deposit loses half their money.
For example, take the couple who live together for 20 years. The house is bought in the man’s name. The woman does not financially contribute towards the house or to a pension as she thinks she is a common law wife. On separation, applying property law rights, the woman may be entitled to nothing.
The best London family law solicitors advise that many of the cohabiting relationship horror stories that people read about in the press could be avoided if unmarried partners sign a cohabitation agreement.
No right to spousal maintenance if in a cohabiting relationship
The top London family solicitors often have to break the news that if you separate from an unmarried partner there is no right to spousal maintenance. That advice can be tough to hear if you have sacrificed your career to bring up children or to care for dependant relatives.
The only exception to this is under a statute called the Children Act 1989. Under this legislation, if you have a dependant minor child, you may be able to claim a carer’s allowance and to be able to live in a house provided by your former partner. However, the important thing is that when the child is an adult the house will revert to your partner – you stop getting a carer’s allowance and cannot stay at the property.
For some people in cohabiting relationships it is a bleak picture. However, it all depends on individual circumstances. For example, the family home may be owned in one partner’s name but if the other partner can establish that they contributed either financially or in ‘’money’s worth’’ or promises were made that they relied on; they may be able to claim a share or all of a family home.
As the law on cohabitee rights and property law is so complicated it is vital that if you are an unmarried partner and you are thinking about separating that you take legal advice from the best London family law solicitors so you understand your rights and options.
How can OTS Solicitors help?
For advice and help on unmarried property claims and the law on cohabiting 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.