Separation of Unmarried Couples
Unlike their married counterparts, unmarried couples have very restricted legal obligations towards one another. This means that when unmarried couples separate, the situation can become rather complicated, especially regarding property ownership.
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Separation Expertise
While some people have heard of the concept of ‘common law marriage’, this is a myth. Unfortunately, unmarried couples are not given any automatic legal rights by living together or owning a share of a property.
At Tinsdills, we understand how daunting the prospect of separation can be, especially if you do not have any existing provisions in place, such as a Cohabitation Agreement. As such, our team can be by your side to provide straightforward advice, establishing your position and what steps you can take moving forward.
Our family law experts have specialist expertise in utilising various methods of alternative dispute resolution, including Collaborative Law. This approach can help to resolve any potential points of disagreement effectively and efficiently.
All of our team members are members of Resolution, a network of family law professionals committed to promoting constructive approaches to family issues. We also have a specialist accredited member of Resolution on our team.
Please note we do not deal with Legal Aid enquiries for any Family Law work.
To arrange an initial appointment with one of our separation of unmarried couple solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach, please call 01782 652300
Our Separation of Unmarried Couple Expertise
Using a Cohabitation Agreement During Separation
If you are not married but are living with your partner, you may already have a Cohabitation Agreement in place. This agreement sets out your intentions for your property and assets if the relationship breaks down.
Should you already have a Cohabitation Agreement in place, this can make the practical aspects of your separation much more straightforward and allow for a cleaner break. However, even where you have an agreement in place, there may be some disagreement over its terms, which is where our solicitors can step in to support you.
We can carefully assess the terms of the Cohabitation Agreement and advise you on how to ensure that they are accurately followed following your separation.
If you are not separating from your partner but do not already have a Cohabitation Agreement in place, our team can advise you on this. You can find out more about our expertise in Cohabitation Agreements here.
TOLATA Claims
If you and your former partner have a property in your sole or joint name that you lived in together, you can make a claim under the Trusts of Land and Appointment of Trustees Act (TOLATA).
TOLATA allows the Court to decide property disputes between unmarried couples. When instructed, the Court can decide the ownership of the property, who can remain in the property, or whether the property needs to be sold. TOLATA can also allow someone to make a claim, even if they are not named on the deeds to the property.
Our solicitors can help you handle TOLATA claims as practically as possible. Whether you are seeking to protect yourself from a TOLATA claim against your property or looking to make a TOLATA claim of your own, we can help you reach your desired outcome.
This includes helping you to secure a settlement out of court or pursuing a claim in the Court arena.
Additional Arrangements Following Separation
The starting point for unmarried couples that do not have children is that they will not have any ongoing financial obligations towards one another. Typically, unmarried couples will only seek to divide assets held jointly in accordance with their legal ownership.
However, when a couple has children, suitable arrangements must be made between both parents, including contact arrangements and child maintenance.
Our solicitors can work alongside you to help make suitable arrangements following a separation. They will help you clearly understand your position and what actions you will be able to take, avoiding any potential pitfalls that could leave you in a vulnerable position.
Separation of Unmarried Couples FAQs
What is TOLATA?
TOLATA stands for Trusts of Land and Appointment of Trustees Act. It gives the courts certain powers to resolve property disputes between unmarried couples.
What is Common Law Marriage?
Common law marriage refers to the belief that unmarried couples in a long-term relationship who live together acquire the same rights as married couples. Common law marriage is a misconception, as it does not exist in England and Wales.
Can Unmarried Partners Inherit?
If one partner from an unmarried couple dies, the surviving partner will not automatically inherit a portion of their estate. The instructions in the Will of the deceased confirm how their estate will be distributed.
If there is no Will in place, the surviving partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. A claim can be made if:
- The couple lived together in the same household as a married couple for two years before their death.
- The deceased maintained the surviving partner, and no proper provisions were made for them.
Specialist advice from a contested probate solicitor would be required in this regard.
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Get in Touch With our Separation of Unmarried Couple Solicitors Today
If you wish to further discuss arrangements following your separation from your partner, please get in touch with a member of our expert team today.
With a dedicated team to guide you through every step following a separation, you can rest assured that we will give you the best chance of achieving the best possible outcome for you and your family.
Please note we do not deal with Legal Aid enquiries for any Family Law work.
To arrange an appointment with one of our separation of unmarried Couples solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach, please call