FAMILY LAW

Cohabitants & Unmarried Families

Expert Legal Support for Families.

Our experienced family law team is here to provide clear, practical advice for cohabitants and unmarried families to help you protect your rights, resolve disputes, and plan for the future. Whether you need assistance with a cohabitation agreement, a property ownership dispute, or arrangements for children, we are here to guide you every step of the way.

Our Services Include:

  • Cohabitation Agreements – Providing guidance on financial arrangements and property ownership during the relationship and in the event of a separation.
  • Property Disputes – Resolving issues of ownership or financial contributions to jointly held or individually owned properties.
  • Financial Support for Children – Advising on child maintenance and financial provisions under Schedule 1 of the Children Act 1989.
  • Inheritance – Helping cohabitants secure their interests in cases where one partner passes away without a Will.
  • Estate Planning – Making sure that your partner and the children are provided for in the event of your death.
  • Prenuptial Agreements – if you intend to marry your partner in the future, we can advise you on entering into a prenuptial agreement.

Unlike spouses or civil partners, cohabiting couples do not automatically acquire rights to shared property, finances, or assets. The “common-law marriage” myth often leaves cohabitants vulnerable in the event of separation or bereavement. Our goal is to help you navigate these complexities and secure your financial and legal position.

Contact us

If you would like to speak with a member of our specialist family team, please contact us today.

Our family services FAQs

Here we provide answers to some of the most frequently asked questions about the services offered by our family team:

Why should you use a family solicitor?

When you are considering taking that next step in your relationship by marrying or cohabiting or sadly things have not worked out, legal advice and support can be vital.

Even where you and your former partner are on good terms, a matrimonial solicitor can help advise upon and finalise your agreement.  You will often also have to think about such things as selling property and making sure that you have updated your Will.  Your matrimonial solicitor will be able to refer you to the right person within the firm assuring professional assistance wherever necessary and providing a joined-up service from start to finish.

When is the best time to use a family solicitor?

The best time to use a family solicitor would be as early on in your legal process as possible.  It can be helpful to speak with a solicitor to explore your options before taking the next steps. However, receiving legal advice can be valuable at any stage of the process, particularly when you are unsure what to do.

What are prenuptial and postnuptial agreements, and why consider one?

A prenuptial agreement is made before marriage, while a postnuptial agreement is created after the ceremony.  Both are designed to provide security by protecting your assets in the event of a relationship breakdown.  These agreements can safeguard business interests, family wealth such as inheritances or trusts, and protect you from financial risks, like your partner’s debts or bankruptcy.

By setting clear terms in advance, these agreements can reduce financial disputes, preserve assets, and potentially avoid costly legal proceedings in the event of a divorce.

How is dissolving a Civil Partnership different from divorce?

For Civil Partnerships, the process is the same as with a divorce except that this results in a Dissolution Order rather than a Final Order in a divorce.

 

What types of financial orders can the court make in a divorce or dissolution of a Civil Partnership?

The court can make various types of financial orders depending on your circumstances.  These can include:

  • Lump Sum – Payment from one party to the other of assets or capital
  • Property – Sale or transfer of property, either immediately or at a future date.
  • Maintenance – Monthly payments to support a former spouse or in some cases the children if this falls outside of the Child Maintenance Service regime.
  • Pensions – Sharing pensions, which can often be one of the largest family assets.

Unmarried Couples: What happens when an unmarried couple separates?

Otherwise known as statutory rights, employee’s rights have been laid down to ensure all individuals are treated fairly in their place of work and have been put in place by the state (UK). Rights will differ depending on type of employment along with other variables and your employment contract.

Financial Settlements: How are financial settlements handled during divorce or separation?

We aim to resolve financial claims through constructive negotiations, always prioritising your future security. Settlements can be achieved through various methods, including solicitor-led negotiations, mediation, or collaborative law. If an agreement cannot be reached, you may need to commence proceedings in the family court.

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