Unmarried Couples Separation

More people than ever in the UK today are choosing to live together unmarried, sharing homes and finances and in many cases raising children together. 

Many unmarried couples believe that by co-habiting for a length of time, or by having a child together that they will acquire living together rights. This is not the case.

Contrary to popular belief, there is no such thing as common law husband and wife. No matter how long your relationship lasts, there are no legal rights for unmarried couples.

Sadly, many unmarried couples only discover this when a relationship comes to an end and they are at their most vulnerable.

Living Together Rights

Unmarried couples remain without legal standing in the eyes of the law. This means:

• You do not have the same rights as married couples.
• You can not claim maintenance if the relationship breaks down.
• You are not entitled to a share in property because you bought up children/paid the bills etc.
• You will not inherit the estate if your partner dies.

Unmarried fathers do not have automatic Parental Responsibility (see below).

Our family law solicitors know and understand the different legal rights and responsibilities for unmarried couples in relation to property, finances and children and can help you get the fairest settlement possible if your relationship has come to an end.

See our Property & Finances page for more information regarding your property.

Parental Responsibility

Whilst contact, residency and child support are not affected by whether you are married or not, separating unmarried couples can be at a disadvantage when it comes to Parental Responsibility. 

Parental Responsibility (PR) is the legal duty of looking after a child with the legal right to make important decisions about their life such as medical procedures, passport applications, choosing schools and the child’s religious persuasion.

A mother automatically has parental responsibility but a father only has it if:

• He is married to the mother.
• He makes a Parental Responsibility agreement with the mother.
• He applies to the court for an order (if the mother refuses the above).
• He registered as the father on the birth certificate for a child born on or after 1st December 2003.
• He subsequently marries the mother.

If the child was born before 1st December 2003 and the father is not married to the mother the father does not automatically have Parental Responsibility, although if he did not register as the father on the birth certificate, he can re-register the birth adding his details.

If you were/are living together with children and the father does not have Parental Responsibility, this could lead to legal complications if the worst should happen and the mother dies, since he would then need to apply for the right to make all the decisions he would normally make regarding his children’s lives.

If you are an unmarried father and you are separating it is a good idea to take steps towards gaining Parental Responsibility starting with approaching the mother. If she is reluctant, you can apply for a court order where the court will consider whether it is in the best interests of the child to award it to you. Having Parental responsibility does not mean you have to pay maintenance. Both parents are always jointly financially liable for their children but this is not connected with anything else.

For further information visit Her Majesty's Courts and Tribunals Service website. Click here.

Separation Agreements for Unmarried Couples

When unmarried couples separate a separation agreement allows you to sort out practical arrangements for the future. You can agree, for example, on which one of you is to stay in the home, or that one of you will make weekly payments to the other for the support of children, or will meet rent or mortgage payments or pay for household bills.

You could make an oral agreement with your partner about these but it is advisable to put the agreement in writing and to get legal advice from a family law solicitor about what the agreement should contain, and how to draw it up. This is important because the agreement might have long-term consequences for your financial situation. It also means that you can ask a court to uphold the terms of the agreement, if there is any dispute between you and your partner at a later date.