If you are a couple who has not been married, then you do not have the same rights or protections as those who have legally tied the knot. Learn more about the legal responsibilities and protections that you have as an unmarried couple separating.

Property

If you’re not married, and your partner has the house in his or her sole name, then you don’t have any legal rights to a share when you separate. You will not have the right to live in the house for a considerable period of time after separation, even though your ex-partner can’t legally ask you to leave. This situation may be different if your name appears on the title documents of the property. You may have a beneficial interest in the home if you paid the mortgage or household bills or performed maintenance work. You may be able to continue living in the house or claim equity.

This will be completely different if you are married. When the divorce proceedings start, you will have a right to half of the house. You will need a prenuptial contract if you plan to marry and wish to retain the home in the event of divorce.

Children

Your responsibilities do not end when you separate from a partner who is not married. Your financial obligations will remain. You should be aware that, as a dad, you do not automatically inherit parental responsibility until you have been married or your name appears on your child’s birth certificate. You automatically have parental responsibility if you’re a mother. This means in the UK that you are responsible for protecting and providing for your child. This includes providing education, agreeing to medical treatment, naming the child and looking after their property. The responsibilities are the same if you’re unmarried or splitting up.

Money

Couples who cohabite will have their own assets when they leave the partnership, but neither partner can claim the financial assets of the other. These assets could include investments, household goods, or vehicles. If one of you is entitled to a pension then you cannot make any legal claims against it when you separate as an unmarried pair. You will need to be listed as a beneficiary in order to make a claim. It is a document which outlines who the pension scheme wants to receive the pension in case of death.

The Cohabitation Rights Bill explained

According to the Office of National Statistics Census 2021, the number of cohabiting couples has risen to 24.3% from 20.6% in 2011 in all age groups under the age of 85 years. Cohabiting couples often assume they are entitled to the property they share with their partner even if the property is not registered in their names. This is not true. The Cohabitation Rights Bill 2020 aims to protect the rights of couples who cohabit and have children or have lived together more than three years. It allows them to request a financial settlement. As a Private Member Bill, however, it’s a long time away from becoming law.

Cohabitation agreements

It’s a good idea to talk with your partner about putting together a cohabitation contract if you worry that the relationship may end in divorce. This legally binding document allows you to detail such matters as who owned what when you moved together, what property you acquired jointly and how bills are paid. In order to enforce the agreement in the event of separation, it’s vital that the contract is very specific. You can specify how you would like things separated. A solicitor will draft this for you.

It is always best to consult an experienced family attorney if you’re unsure about your rights as a cohabiting partner.