Rights of Unmarried Couples

If you are living with your partner outside of marriage or civil partnership, it is easy to assume that the length of your relationship brings legal protection. In England and Wales, it does not.

Unmarried couples have very limited automatic legal rights, and the gap between what most people expect and what the law actually provides can have serious financial and personal consequences if your relationship breaks down.

This does not mean you are without options. When you are considering moving in together, buying property jointly, or facing a difficult separation, there are practical legal steps you can take to protect your finances and give you greater security.

At Clarkson Wright & Jakes, our specialist family law solicitors help cohabiting couples understand their legal position and take practical steps to protect themselves. Whether you are planning ahead or facing a difficult separation, we are here to give you clear, straightforward advice you can act on.

Speak to our family law solicitors in Orpington, Kent

If you are living with a partner and want to understand your legal position, do not wait until a problem arises. Call our expert family law team in Orpington today on 01689 887887 or fill in our enquiry form to get clear, straightforward advice you can act on.

How our family law solicitors can help

Cohabitation agreements

A cohabitation agreement sets out how you and your partner own property, manage shared finances, and divide assets if you separate. Our solicitors will draft a bespoke agreement that reflects your circumstances and ensures both parties understand their rights and obligations from the outset.

Declarations of trust

If you are buying property together, a declaration of trust records each partner’s ownership share. This is especially important where contributions are unequal. Our team will prepare a clear, legally sound declaration to protect both partners’ interests and prevent disputes further down the line.

TOLATA disputes

If a property dispute arises after separation, our solicitors can advise on and represent you in claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). We will explain your options clearly and guide you through the process with as little disruption as possible.

Schedule 1 applications

Where a relationship breaks down and children are involved, our team can advise on applications under Schedule 1 of the Children Act 1989, covering periodical payments, lump sums, and property settlements for your children’s benefit.

General advice for cohabiting couples

Whether you are just starting to live together or want to review your existing arrangements, our solicitors can provide tailored advice on your rights and options. We also advise on Will drafting, inheritance planning, and mediation and dispute resolution.

What legal rights do unmarried couples have in the UK?

Unmarried couples have far fewer automatic legal rights than married couples or civil partners. No matter how long you have lived together, you do not acquire an automatic right to a share of your partner’s property, their pension, or their finances. You also have no automatic right to financial support from your partner if you separate.

The common law marriage myth

Many people still believe in “common law marriage” as a legal protection. It is not. Common law marriage has had no legal basis in England and Wales since the Marriage Act 1753. Despite this, around 46% of people still believe the myth is real, which leaves thousands of couples exposed without realising it.

Property rights for unmarried couples

If you own property jointly, you will hold it either as joint tenants (equal shares, with the right of survivorship) or as tenants in common (each partner holds a defined share, which can be unequal). A declaration of trust should record your respective shares clearly from the outset.

If the property is in your partner’s name alone, you have no automatic right to a share, even if you have contributed financially to the mortgage or renovations. You may be able to argue a beneficial interest through a TOLATA claim, but this can be difficult without the right documentation.

TOLATA claims: resolving property disputes

A TOLATA claim asks the court to recognise your share of a property based on financial contributions or evidence of a common intention to share ownership.

The landmark case of Stack v Dowden [2007] UKHL 17 confirmed that the court considers the whole course of conduct between the parties, not just financial contributions in isolation. Our solicitors will guide you through each step with clarity.

Financial support between partners

Unlike a divorcing spouse, an unmarried partner has no automatic right to claim maintenance or ongoing financial support upon separation. This applies regardless of how long the relationship lasted or whether one of you gave up work to care for the family.

If financial support is needed for a child, this is handled through child maintenance arrangements or a Schedule 1 application.

Rights concerning children

The law treats married and unmarried parents equally when it comes to children’s welfare and arrangements. Both parents can apply for child arrangements orders.

Mothers automatically have parental responsibility; fathers gain it by being named on the birth certificate, through a parental responsibility agreement, or by court order. Child maintenance can be agreed informally, through the Child Maintenance Service (CMS), or via the courts.

Schedule 1 of the Children Act 1989

Where a relationship breaks down, a parent may apply for financial provision under Schedule 1 of the Children Act 1989. The court can order periodical payments, lump sums, or the settlement or transfer of property.

Crucially, any provision made is for the child’s benefit, not the applicant parent’s, and can be a vital option where one partner has significantly greater financial resources.

Protecting yourself: key documents

A cohabitation agreement and a declaration of trust are the most effective tools available to cohabiting couples and both should be put in place as early as possible.

It is also essential to have a professionally drafted Will: unmarried partners have no automatic right to inherit, and without one, your partner’s estate passes to their children or other family members under intestacy rules.

Cohabitation reform 2026: what may change

The Government has confirmed a formal consultation in Spring 2026 on strengthening legal rights for cohabiting couples. This could introduce automatic rights after a qualifying period of cohabitation, but any changes are unlikely to come into force before 2027 at the earliest.

Until new legislation is enacted, the current law applies in full. Our solicitors can help you put the right protections in place now.

Our family law solicitors’ expertise

Our family law team in Orpington has specialist expertise across all aspects of cohabitation law, from drafting agreements and declarations of trust to representing clients in contested TOLATA disputes.

We are proud to be recognised in Chambers & Partners, one of the world’s most respected legal directories. As members of Resolution, we are committed to resolving disputes constructively and sensitively.

Our solicitors’ fees

We believe that understanding costs from the outset is part of a good legal service. Our family law solicitors will provide a clear breakdown of fees at the start of your matter, with no unwelcome surprises.

Use our enquiry form to request a call back and discuss the fee structure most appropriate to your situation.

Frequently asked questions about unmarried couples’ rights

Do unmarried couples have the same rights as married couples?

No. Unmarried couples have very limited automatic legal rights, regardless of how long they have lived together or whether they have children. The law draws a clear distinction between married couples and cohabitees.

What is common law marriage?

Common law marriage does not exist in England and Wales. It is a myth with no legal basis since the Marriage Act 1753. Living together, however long, does not create the same legal protections as marriage or civil partnership.

Can I claim a share of my partner’s property if we separate?

You can only claim a share if your name is on the title deeds, or if you can demonstrate a beneficial interest through financial contributions or evidence of a common intention to share ownership. This type of claim is made under TOLATA and requires clear legal advice from the outset.

Am I entitled to maintenance from my ex-partner?

No. Unlike divorcing spouses, unmarried partners have no automatic right to financial support from each other upon separation, regardless of how long the relationship lasted.

What financial claims can I make for my children?

You can apply for child maintenance through the CMS. In certain circumstances, you can also make a Schedule 1 application for lump sums, periodical payments, or property provision for your child’s benefit.

Should I wait for the 2026 cohabitation reforms before taking action?

No. Until any new laws are passed and come into force, the current legal position applies. Couples should protect themselves now with cohabitation agreements, declarations of trust, and professionally drafted Wills.

Speak to our family law solicitors in Orpington, Kent

If you are living with a partner and want to understand your legal position, do not wait until a problem arises. Call our expert family law team in Orpington today on 01689 887887 or fill in our enquiry form to get clear, straightforward advice you can act on.