Separating when not married

What you need to know first

Many people believe that living together for a certain period gives you the same rights as being married. This is sometimes called “common law marriage.” In England and Wales, this concept has no legal basis.

Living together, even for decades, does not give you automatic rights to your partner’s property, pension, or finances. This catches many people off guard when a relationship ends.

The good news is that you do still have rights, particularly around children. And there are steps you can take to protect yourself. This guide explains what applies to you.

Your rights around children

When it comes to children, unmarried parents have broadly the same options as married parents. The court treats children’s cases the same way regardless of whether the parents were married.

Parental responsibility - The legal rights and duties a parent has towards their child, including decisions about education, medical treatment, and religion. Mothers automatically have it. Fathers have it if married to the mother or named on the birth certificate. is the key concept. Mothers automatically have it. Fathers have it if they are named on the birth certificate (for births registered after December 2003) or were married to the mother. If a father does not have parental responsibility, he can apply for it.

If you cannot agree on where your children will live or how much time they spend with each parent, you can apply to the court using a C100 - The application form you use to ask the court to make a decision about your children, such as where they live or how much time they spend with each parent. form. You will usually need to attend a MIAM - Mediation Information and Assessment Meeting. A one-hour session you usually must attend before applying to court about children or finances. It explains mediation and checks if it’s suitable for your situation. first.

The process is the same as for married parents. See our children arrangements guide for the full process.

Your rights around property

This is where the biggest differences lie. Unlike married couples, unmarried partners do not have an automatic right to share property when they separate.

If the property is in one person’s name only, the other person has no automatic right to stay or to a share of its value, even if they have lived there for years or contributed to the mortgage.

If the property is in joint names, the situation depends on whether you are “joint tenants” (you each own the whole property equally) or “tenants in common” (you each own a specified share).

If you believe you have a financial interest in a property that is not in your name, you may be able to make a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). This is a complex area and legal advice is strongly recommended.

Your rights around finances

Unmarried partners have no automatic right to:

• Maintenance from the other person (unlike spousal maintenance - Regular payments made by one ex-spouse to the other after divorce to help them meet their living costs. Can be for a set period or, in rare cases, for life. after divorce)
• A share of the other person’s pension
• A share of savings or investments held in the other person’s name
• Inheritance if the other person dies without a will

However, if you have children together, the parent with main care of the children can apply for child maintenance - Regular payments made by the parent who does not live with the child to help with the cost of bringing the child up. Usually arranged through the Child Maintenance Service. through the Child Maintenance Service - Child Maintenance Service. The government body that calculates and collects child maintenance payments if parents cannot agree arrangements themselves. (CMS). The children’s financial needs may also affect property decisions.

Joint bank accounts, joint debts, and jointly owned assets are shared according to the terms of ownership, not automatically split 50/50 by a court.

What you can do to protect yourself

If you are living with a partner or planning to, there are practical steps you can take: