Splitting up as an unmarried couple doesn’t leave you with the same legal responsibilities or protection as it does for those who officially tied the knot. Read on to learn more about what you need to know as an unmarried couple who are separating.  

Property

In the eyes of the law, if you are not married and your partner owns the home in their sole name, you have no legal right to any kind of share of it when you split up. Along with this, you will also have no legal right to stay living in the home for a long period after you separate, although your ex-partner cannot legitimately ask you to leave immediately. If your name is stated on the title deeds of the home, then this situation can differ. If you are not named on the title but contributed to the mortgage, paid household bills, or carry out home maintenance jobs, this could demonstrate that you had an acquired interest ( or beneficial interest) in the property. This may provide you with rights to carry on living in the home or claim a share of any equity within it. 

If you marry, this will change completely upon separation. You will be entitled to a share of the home, with the courts starting at the default position of 50/50 when proceedings begin. If you are planning on getting married and want to keep the property as yours in the event of a divorce, you will need to get a prenuptial agreement stating as such. 

Children

If you have children together, then your responsibilities don’t end if you split up from your partner you are not married to. You will still need to meet your financial obligations to them. It’s important to note that as a father, you will not automatically have parental responsibility unless you are married or have your name on the birth certificate of your child. If you are a mother, you do automatically have PR. In the UK, this means that you have a responsibility to provide for and protect your child. It also means to discipline, provide education, agree to medical treatment, name the child, and look after their property. These responsibilities do not change if you are unmarried and splitting up. 

Money

As with property, couples who cohabit will leave the partnership with their own named assets, and neither can claim financial assets the other partner has. This could be investments, household items, or cars. For example, if one of you has a pension, then you will not be able to make any kind of legal claim against it if you part ways as an unmarried couple. To make a claim, you will have to be named as a nominated beneficiary. This is a document that outlines to the pension scheme who they want to benefit from the pension in the event of their death. 

The Cohabitation Rights Bill explained

According to the Office of National Statistics Census 2021, the number of cohabiting couples has risen to 24.3% from 20.6% in 2011 in all age groups under the age of 85 years. Many of these cohabiting couples automatically assume that they will have the right to any property they have lived in with their partner, even if it is not in their name but this is not the case. The Cohabitation Rights Bill, 2020 seeks to look after the rights of cohabitating couples who have children together or who have lived together for three years or more, by allowing them to apply for a financial settlement. However, as a Private Members Bill, it is a long way off from being passed.

Cohabitation agreements

If you are concerned about splitting up in the future, it’s wise to discuss putting in place a cohabitation agreement with your partner. In this legally binding document, you can detail matters such as what property was owned by whom when you moved in together; what property you jointly acquired; how bills are paid. It’s important to be very clear in the agreement so that it is enforceable in the event of your separation. You can stipulate how you want things to be separated – you will need a solicitor to draft this up for you. 

If you are unsure of your position as a partner in a cohabiting couple, speaking to an experienced family lawyer is always advisable.