Unmarried Couples Rights
In UK family law, unmarried couples do not have the same legal rights as married couples or civil partners. Many people believe in the myth of "common law marriage", but this does not exist in UK law—meaning that unmarried couples have limited legal protection if they separate or if one partner dies.
Request a callback regarding Unmarried Couples Rights by filling out the form below…
Key Legal Rights for Unmarried Couples
. Property Rights
- If a couple owns property together, their rights depend on how the property is legally registered:
- Joint tenants – Both partners have equal ownership, and if one dies, the other automatically inherits the property.
- Tenants in common – Each partner owns a percentage of the property, which does not automatically pass to the other on death.
- If only one partner owns the property, the other partner has no automatic right to it unless they can prove financial contributions (e.g. mortgage payments, renovations).
Financial Rights
- Unmarried partners have no automatic right to each other’s finances, pensions, or savings.
- There is no legal obligation for one partner to financially support the other after separation (unlike spousal maintenance in marriage or civil partnerships). However, parents still have financial obligations towards their children.
Parental Rights & Responsibilities
- Mothers automatically have parental responsibility for their child.
- Fathers only have parental responsibility if:
- They are named on the birth certificate (for children born after 1 December 2003 in England & Wales).
- They have a Parental Responsibility Agreement with the mother.
- They obtain a court order for parental responsibility.
- Both parents must financially support their children, even if they were never married.
Inheritance Rights
- Unmarried partners do not automatically inherit their partner’s estate if they die without a will (intestate).
- The surviving partner may need to make a legal claim under the Inheritance (Provision for Family and Dependants) Act 1975.
- To ensure inheritance rights, partners should:
- Make a will stating their wishes.
- Nominate each other for pension benefits and life insurance policies.
Rights to Financial Support After Separation
- Unlike married couples, unmarried partners cannot claim maintenance for themselves after separation.
- However, they can apply for child maintenance through the Child Maintenance Service (CMS) if they have children.
How Unmarried Couples Can Protect Their Rights
To protect themselves legally, unmarried couples can:
- Make a Cohabitation Agreement – This sets out financial arrangements and property ownership in case of separation.
- Sign a Declaration of Trust – If buying a property together, this document confirms each person’s share of ownership.
- Write a Will – Ensures inheritance rights for the surviving partner.
No matter the complexity, our team is here to help you navigate these sensitive issues with care and expertise. Schedule your initial consultation today to learn how our experienced team can work towards a positive resolution for your case. Simply request a call back via the contact form, call us free on 0330 333 8797, or email info@wildings-solicitors.co.uk.
Book your initial consultation with our Family Law Solicitors in Birmingham. Freephone 0330 333 8797, request a callback or email info@wildings-solicitors.co.uk for specialist advice.
