Separation Disputes & the Unmarried Couple

More couples are choosing to live together without marrying – but many don’t realise that legal protections for cohabiting partners are limited. If you’ve separated from a partner you weren’t married to, you may face uncertainty around property, finances, or your children’s future. We provide expert legal advice to help you navigate these challenges and protect your rights.

Talk to one of our friendly and experienced team on 01442 872311

The number of people choosing to live together without marrying is growing every year and while this can be the right choice for many couples, it’s important to understand the legal implications of that. If you’re not married and have recently separated from your partner, you may be surprised to learn that cohabiting partners do not have the same rights as those who are married and there is no such thing in law as “common law marriage”, no matter how long you’ve lived together. Our experienced team of family law solicitors is here to provide the guidance and support you need to ensure that your separation is resolved as swiftly and amicably as possible, while ensuring the best possible outcome.

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Home » Individual Legal Services » Family, Children & Separation » Separation Disputes & the Unmarried Couple

At Machins Solicitors, we specialise in advising unmarried couples about dealing with jointly owned assets, properties owned in one person’s name and businesses co-owned by separating romantic partners. We are also experts in bringing financial claims for the benefit of children (Schedule 1 claims) on the breakdown of a relationship where the parties are not married.

Property disputes

Cohabiting couples do not have the same legal protections as married couples on separation. In these cases, the Trusts of Land and Appointment of Trustees Act (TOLATA) 1996 gives individuals the right to make claims about property ownership and rights.

TOLATA is a piece of legislation that allows people to claim a beneficial (financial) interest in a property, regardless of whose name the property is registered under. Any individual can use this piece of law to bring a claim against a property (siblings, friends, business partners etc), but it is commonly used by unmarried couples as there is no other legal provision for them in the absence of “common law marriage” or any similar rights.

A claim under TOLATA is complex and there are strict cost rules around bringing such claims.

If you are able to agree a way forward with your ex-partner, we recommend that the terms of your separation are detailed in a separation agreement. Our experts can negotiate the terms once we’ve advised on any potential claims you may have and draft a comprehensive separation agreement once things are resolved.

Schedule 1 claims – financial provision for children

If you have children together and your relationship has broken down, you may have concerns about where you’re going to live or how you’re going to manage financially once you’re separated, especially for those who were not married to their ex-partner and cannot apply for a divorce.

Schedule 1 of the Children Act 1989 allows a parent who is primary carer to seek financial support from the other parent to support the needs of the children, where the parents have never been married. It is more commonly used in cases where one parent has significant wealth or a child has a disability, but it can be used by anyone who is separated from their child’s other parent and needs financial support.

If you are confused about your rights after separating from your partner when you were not married, talk to one of our friendly and experienced solicitors today on 01442 872311 to find the right solution for your circumstances.

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Frequently asked questions about separation and the unmarried couple

No, cohabiting couples do not have the same legal rights as married couples. Issues such as property ownership and financial entitlements are typically governed by trust and property law.

It’s possible to secure a right to occupy your ex-partner’s home under Schedule 1 if the children need this home.

Under Schedule 1, a number of claims for financial provision can be brought:

Child maintenance payments: it’s possible to seek ‘top up’ maintenance from high-earners in addition to child maintenance via the Child Maintenance Service.
Lump-sum payments: for things such as education costs, meeting medical or disability expenses, school trips or to set up a trust fund.
Property: this can secure rights to live in a property owned (or part-owned) by the other parent while the children are still minors or in education, or you can have property transferred to you on trust for the children’s minority.

Before applying to the court for a claim under Schedule 1, there are various out of court dispute resolution processes that can be attempted and our experts will guide you as to which option is best for you. It is a requirement that mediation is considered before any court application is made, unless exemptions apply.

If you’re thinking of separating from your children’s other parent, or have already done so, we can provide specialist advice and guidance on how best to safeguard your children’s financial needs being met.

If you can’t agree on child maintenance, the Child Maintenance Service (CMS) will initially resolve any dispute by undertaking a child maintenance assessment. If your ex-partner is a high-earner you may be able to seek top up maintenance under Schedule 1 as well. If your child has a disability or additional needs, you may be able to seek a lump sum payment under Schedule 1.

It’s possible to force a sale of a property under TOLATA. However, it’s also possible to defer a sale of a property under TOLATA if there is good reason and under Schedule 1, if there are children, the court can allow a co-owner of a jointly owned property to have sole occupation rights for a period of time, often until the children reach adulthood or finish their education.

Our experts can advise on:

Whether you may have a claim against a property your ex-partner owns solely.
Whether you can claim an different financial interest (a greater share perhaps) in a property which is jointly owned.
How to defend a claim against your property by an ex-partner who is not an owner.
How to force the sale of a property if your ex-partner is refusing to agree a sale.
How to defer the sale of a property, for example to allow children to finish their education.