Cohabiting Couples Separation Rights
April 2025
Separation for cohabiting couples can be a complex and emotional process, particularly as the automatic legal rights available to married couples do not apply. There is no concept of a “common law marriage” in the UK, and so the rights available to cohabiting couples on separation derive from different sources.
This summary provides general information and does not constitute legal advice on any individual circumstances.
What Are the Legal Rights of Cohabiting Couples on Separation?
Cohabiting couples in the UK do not have the same legal rights as married couples or civil partners, which can make separation more complicated.
If the parties have a cohabitation agreement, or other agreements relating to asset ownership, those agreements will become the starting point for asset division on separation. Without such an agreement, however, each party’s rights are limited to the specific assets to which they can make a claim, and how they should be divided. Each asset will need to be considered in turn, including how the assets were acquired, who contributed to them, and how they have been treated by the parties during their relationship.
How Are Assets Divided?
If the parties are looking to divide a jointly owned property, the division is relatively straightforward. Unless they have agreed otherwise, both parties will have equal rights to the property and its equity. If the property is in one party’s sole name, however, the non-owning party may still be able to make a claim to it, but this claim is not automatic. If the non-owning party has contributed financially to the property or its upkeep (such as paying the mortgage, or for any renovations) they may be able to establish that they have a right to a share in the property’s value.
When it comes to other assets, such as savings or investments, these may also be divided based on each party’s contributions. If one party has contributed more financially, they may receive a larger share of the asset in question. However, the court will also consider other factors such as the nature of the asset in question, how that asset has been used or treated during the relationship, and also, more particularly, the needs of any children involved.
Even if the parties are not married, the financially weaker party can apply to the court for financial assistance from the financially stronger party in order to meet the needs of any children. This could involve the provision of property until the child meets majority, and also a monthly maintenance to contribute to their living costs.
Why Legal Advice is Essential
The rights of cohabiting couples upon separation can be complicated, particularly when children or significant shared assets are involved. Legal advice is crucial to ensure your rights are protected and that you fully understand your position. A solicitor can guide you through the process, whether it involves negotiating property rights, financial settlements, or arrangements for children.
Although cohabiting couples do not have the same automatic rights as married couples, seeking legal advice can help ensure that your claims for property, financial support, or child-related issues are appropriately handled.
How Can Fullers Help?
At Fullers Family Law, we understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free call back with us here.
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For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
