Legal Clarity for Cohabiting Couples

Unmarried Couples Rights Solicitors

If you are separating from your partner, you may be worried about your future. While "common law marriage" is a myth in the UK, you may still have significant legal rights to property and financial support for your children. Our expert family law solicitors can clarify your position and protect your interests.

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Your Rights as an Unmarried Couple on Separation

When an unmarried couple separates, the law treats property and children as two entirely separate issues. Understanding your rights in each area is the first step to securing a fair outcome.

Your Rights to Property

Unlike in a divorce, there is no automatic right to share property. Your claim will depend on complex property and trust law (TOLATA). We can help you establish your interest based on:

  • Your name being on the property deeds.
  • Evidence of a clear agreement or intention that you would have a share.
  • Significant financial contributions you made to the property's purchase or mortgage.

Your Rights Regarding Children

The law for children is the same whether you were married or not. The court's only priority is the child's welfare. Our solicitors can help you with:

  • Securing a Child Arrangement Order for custody and contact.
  • Arranging Child Maintenance payments.
  • Applying for financial support for your child's housing and needs under Schedule 1 of the Children Act.
A Wildlings family solicitor providing expert advice on the rights of unmarried couples

A Meticulous & Evidence-Based Approach

Unlike in divorce, there are no automatic rights for cohabiting couples. This means we must build your case from the ground up, based on clear evidence of your contributions and intentions. Our solicitors are experts in this complex area of law, and we are meticulous in preparing your case.

  • Forensic Case Building: We are skilled at tracing financial contributions and gathering evidence to build a robust case.
  • Child-Focused Solutions: We ensure any financial provision for your children is secure and legally enforceable.
  • Clear, Honest Advice: We will give you a straightforward assessment of your legal position and your chances of success.
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"The Advice I Was Given Was Clear and Helpful"

"I was daunted by the financial side of my divorce. The team at Wildlings were brilliant. They explained everything clearly, were very efficient, and secured a financial settlement that was better than I had hoped for. A very professional service."

- Google Review

"Dealt with my case in a very professional but friendly and approachable manner. The service was excellent and communication was very good. I was always kept informed of any developments. I would highly recommend this firm of solicitors."

- ReviewSolicitors Client

"Absolutely fantastic from start to finish. She was so helpful and reassuring throughout the whole process. I would not hesitate in recommending her to friends and family. A credit to the firm."

- ReviewSolicitors Client

Questions About Unmarried Couples' Rights

Am I entitled to a share of my partner's house if my name isn't on the deeds?

You may be. If you can prove you made significant financial contributions to the deposit or mortgage, or if there was a clear agreement that you would have a share, you can make a claim under TOLATA. It is a complex area, and you will need a solicitor's help.

What is TOLATA?

TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996. It is the specific law used by the courts to resolve property disputes between unmarried couples. A solicitor can explain how this complex law applies to your specific situation.

Am I entitled to financial support from my ex-partner for myself?

Unmarried couples are not entitled to spousal maintenance for themselves. However, if you have children, you are entitled to receive child maintenance. In some cases, you may also be able to apply for additional financial support for the benefit of your child under a law called Schedule 1 of the Children Act.

Don't Be Left with Nothing

Don't assume you have no rights just because you weren't married. Contact our expert family solicitors for a confidential consultation to assess your legal position.

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Get in Touch

0330 333 8797
info@wildings-solicitors.co.uk

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862-864 Washwood Heath Rd, Ward End, Birmingham, B8 2NG

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Monday to Friday
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