More couples are choosing to live together without getting married or entering into a civil partnership. While cohabitation is now a common way of life, many people are surprised to discover that unmarried couples do not have the same legal rights as married couples when a relationship comes to an end.
One of the most common misconceptions is the belief in the concept of a 'common law spouse'. In reality, no such legal status exists in England and Wales. This can create significant difficulties when disputes arise concerning property, finances or arrangements for children.
At Preston Redman, our family law team of solicitors provide clear, practical advice to unmarried couples before, during and after a relationship. Whether you are moving in together, purchasing a property, separating from a partner or seeking financial provision for your children, we can help you understand your rights and protect your position.
A Different Legal Framework to Divorce
When married couples divorce, the Family Court has wide powers to redistribute assets and make financial orders. Unmarried couples are treated very differently.
For cohabiting couples, disputes are often determined by a combination of property law, trust law and child-related legislation. This means that outcomes frequently depend on legal ownership, financial contributions, written agreements and the evidence available.
Taking advice at an early stage can often prevent disputes from arising and place both parties in a stronger position if the relationship later breaks down. Our Family Law Solicitors bring together years of combined experience advising unmarried couples across Dorset and Hampshire.
Our family law team holds the Law Society Family Law Advanced accreditation - recognising exceptional expertise in complex financial settlements, international family law and cohabitation matters. Partner Tim Flower is also recognised as a Leading Lawyer by Wiselaw, and Mark Hensleigh is a member of Resolution, the network of family lawyers committed to non-confrontational dispute resolution.
Cohabitation Agreements
A cohabitation agreement is a document that sets out how a couple intends to manage their financial affairs while living together and what should happen if the relationship comes to an end.
A carefully prepared cohabitation agreement can address:
- Ownership of property
- Responsibility for mortgage payments and household bills
- Savings and investments
- Contributions towards renovations and improvements
- Personal possessions and vehicles
- Debts and liabilities
- What should happen if the relationship ends
By clearly setting out expectations from the outset, cohabitation agreements can help reduce uncertainty and avoid costly disputes in the future.
Property Disputes Between Unmarried Couples
Property disputes are among the most common issues faced by separating unmarried couples.
A dispute may arise where:
- One party has contributed towards the purchase price
- One party has paid mortgage instalments over many years
- Significant funds have been invested in improvements or renovations
- Ownership arrangements were not properly documented
- A property is legally owned by only one partner
These cases can be legally complex and highly fact-specific. Preston Redman advises clients on establishing, defending and resolving property claims through negotiation, mediation and, where necessary, court proceedings.
Declarations of Trust
A declaration of trust is one of the most effective ways of recording ownership interests in a property.
Many couples contribute different amounts towards a property purchase. Without clear documentation, disputes can arise years later regarding who owns what share of the property.
A declaration of trust can record:
- Initial deposit contributions
- Ownership percentages
- Responsibility for mortgage payments
- Future capital contributions
- How sale proceeds should be divided
Putting these arrangements in writing at the point of purchase can significantly reduce the risk of future disagreement.
Ownership of the Family Home
The legal owner of a property is not always the person who has the strongest claim to a financial interest in it.
Questions frequently arise where:
- A property is held in one person's sole name
- A partner has contributed towards the purchase price or mortgage
- One party has funded renovations or extensions
- Family members have contributed money towards the purchase
- There is disagreement about beneficial ownership
Preston Redman can advise on legal ownership, beneficial interests, trusts of land claims and the steps available to protect or enforce those interests.
Separation of Unmarried Couples
The end of a relationship can be emotionally and financially challenging, particularly where a couple has lived together for many years or has children together.
Unlike divorce, there is no formal legal process for ending a cohabiting relationship. As a result, it is important to understand how assets are owned and what legal claims may exist.
We regularly advise separating unmarried couples on:
- Property ownership disputes
- Recovery of financial contributions
- Negotiated settlements
- Child-related financial claims
- Arrangements concerning jointly owned assets
- Mediation and alternative dispute resolution
Our aim is to help clients reach practical solutions while minimising unnecessary cost and conflict.
Financial Claims for Children (Schedule 1 Applications)
Although unmarried couples cannot generally make the same financial claims against each other as divorcing spouses, financial claims can sometimes be brought for the benefit of children.
Applications under Schedule 1 of the Children Act 1989 may allow the court to make financial provision for a child, including:
- Lump sum payments
- Housing provision
- Educational expenses
- Financial support in appropriate circumstances
These cases can be particularly important where one parent has substantially greater financial resources than the other or where there are significant needs that must be met for the benefit of a child.
Protecting Contributions to Property
Many people contribute substantial sums towards a property owned jointly or in the sole name of their partner. Contributions may include deposits, mortgage payments, renovation costs, inheritance monies or capital invested in improvements.
Without proper legal documentation, recovering those contributions can become difficult if the relationship later ends.
Preston Redman advises clients on practical measures to protect their investment, including cohabitation agreements, declarations of trust, ownership structures and documenting financial arrangements from the outset.
Early planning is often the most effective way to avoid expensive and stressful disputes in the future.
Why choose Preston Redman for cohabitation and family law?
Our cohabitation solicitors in Bournemouth understand that the legal issues facing unmarried couples are rarely straightforward - and rarely just legal. They involve relationships, finances and, often, children. We bring the same care and expertise to every case, whether you need a cohabitation agreement before moving in together or advice on a complex property dispute following a separation.
We hold the Law Society Family Law Advanced accreditation and our team includes a Wiselaw Leading Lawyer and a member of Resolution. We are committed to reaching the right outcome for you - through negotiation wherever possible, and robust representation when it matters.
Whether you’re dealing with cohabitation agreements, property disputes between unmarried couples, declarations of trust, ownership of the family home, separation, Schedule 1 applications or protecting contributions to property, Preston Redman's family law team is here to help. We’ll provide clear, practical and compassionate advice tailored to your individual circumstances. Contact us today.
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