Unmarried couples do not have the same legal protections as married couples. When cohabiting relationships break down, disputes over property, finances and children can be particularly complex. Our team advises on all aspects of cohabitation law.
Property & Financial Disputes
Unlike divorce, there is no statutory framework for dividing assets between cohabitants. Claims are typically based on trust law, resulting trusts, constructive trusts and proprietary estoppel. We advise on:
- Beneficial ownership disputes over the family home
- Claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)
- Constructive and resulting trust claims
- Proprietary estoppel claims
- Schedule 1 Children Act claims for financial provision for children
Cohabitation Agreements
A cohabitation agreement sets out how property, finances and other matters will be handled during the relationship and if it ends. While not always strictly enforceable, courts give considerable weight to well-drafted agreements backed by independent legal advice.
Protecting Your Position
If you are buying a property with a partner, we strongly recommend a Declaration of Trust setting out each party's share. This avoids costly disputes if the relationship breaks down.
Frequently Asked Questions
There is no legal concept of "common-law marriage" in England and Wales. Unmarried partners have limited rights regardless of how long they have lived together, which is why legal advice and cohabitation agreements are essential.
Generally no. Pension rights on separation are only available to married couples or civil partners. This is one reason why cohabitation agreements and other legal protections are important for unmarried couples.