Legal Rights For Unmarried Couples

Legal Rights For Unmarried Couples

Tayo Taylor

Tayo Taylor
Partner

Navigate This Muddy Territory With Confidence

In the UK, unmarried couples living together don’t have the same rights and responsibilities as married couples. This means that, in order to protect your children, finances, and assets, you often need to consider additional legal support. 

Our family lawyer, Tayo Taylor, is here to provide you with assistance in drafting cohabitation agreements, parental responsibility orders, and more, helping you navigate these tricky circumstances with confidence.

Your initial half-hour consultation is only £60 plus VAT @20%. Let’s explore your options together.

Submit your enquiry today

Understanding Your Legal Rights & Responsibilities As An Unmarried Couple

When happily pursuing a long-term relationship, the last thing you want to think about is a potential break-up. Still, when property, finances, and even children are involved, it is often a pragmatic choice to seek ways to protect yourself legally.

Here is what your dedicated MHHP law specialist can help you with:

Cohabitation

If you and your partner are living together long-term, you can formalise your status by drawing a cohabitation agreement. Cohabitation agreements clearly outline the rights and obligations you and your partner have towards each other. This includes:

  • Ownership of the property
  • Ownership of possessions
  • Paying bills
  • Liability for debts
  • What happens in the event of a relationship breakdown

This isn’t meant to be a “bad sign” or a lack of trust – it is a smart choice that protects you both from costly disputes and the hassle of court proceedings.

Banking

As a couple living together, you do not automatically have rights over each other’s finances. If you have separate bank accounts, then the money only belongs to the owner.

In the case of joint accounts, you will both have access to the money. However, if you decide to part ways and cannot agree on separating the money, a court might need to be involved.

Parental Responsibilities

As an unmarried couple, it is important to consider the legal aspects of parental responsibilities, to ensure your children grow up in a safe & healthy environment. 

In the UK, the mother will automatically have responsibility for her children. She can make decisions on where the child lives, what school they attend, and access to medical treatments.

A father only automatically has parental responsibility if he is married to the mother of the child. As a father, you can also obtain parental responsibility by:

  • Marrying the child’s mother
  • Entering into a voluntary Parental Responsibility Agreement with the mother
  • Obtaining a Parental Responsibility Order from the court
  • A Residence Order being made in your favour

Domestic Violence

Domestic violence is something nobody should ever go through. Even if you are not married, you can still take legal action against a violent partner. Learn more about your rights in the case of domestic violence & abuse here.

Separation

In the unfortunate event of a separation, you will be able to do so informally without court intervention. If children are involved, a court does have the power to make orders relating to their care.

Looking into different options to keep your family safe and protected? Learn more about Family Law and how it can help you.

Family Law

Marriage & Divorce

Family Law

Marriage & Divorce

Why Choose MHHP Law For Your Unmarried Couple Agreements?

At MHHP Law, we help families, married and unmarried, take the necessary steps to protect their wealth and the safety of their children in the case of disagreements. You will always benefit from:

  • Direct Communication – your family law solicitor is always one call or email away, from the very first contact all throughout the process.
  • Services to Suit You – when it comes to couples & cohabitation, there’s no one-size-fits-all. You’ll get a strategy tailored to your unique situation and get all the support you need at every stage.
  • Empathetic Advice – Our legal professionals are trained to provide you with confidentiality, peace of mind and constant ongoing support.
  • Supporting London & The UK – All of our consultation appointments are available remotely as well as in person, so we can assist you from wherever you are.
  • Clear Language – We provide pragmatic, sensible legal advice explained in simple terms, so you can get 100% clarity on your situation and stay informed & empowered.

We hold a strong reputation for successful outcomes and satisfied clients, no matter how difficult the legal situation may seem – check out what they say about our services here.

Navigate Life Together As An Unmarried Couple With MHHP Law

Formal marriage is no longer the only option. With civil partnerships available and even the option to live together without a formal agreement, it is important to be fully aware of your rights and responsibilities, no matter which path you choose. 

No matter if you’re building a future together or exploring options after a difficult separation, there is a plan that works for you – and we help you find it.

Legal Rights For Unmarried Couples FAQs

Contrary to popular opinion, there is no such thing as a “common law” husband or wife. Simply living together for a long period of time will not grant you additional rights, so it is important to seek legal advice in cases where you need a formal agreement (e.g. parental responsibilities, property ownership, etc.).

If one partner becomes ill, the other will not have automatic rights to know about their condition or see them in the hospital. You will not be considered “next of kin” and won’t be able to plan their care, make decisions on their behalf, or take control over their finances.

The only way to change this is to appoint your partner as a power of attorney. This can be done via a wills, trusts and probate solicitor.

It’s important to understand what happens if your unmarried partner passes away without a will. You might not automatically inherit anything from them unless you jointly own property together. To make sure your partner inherits from you, you need to create a will.

If your partner’s will doesn’t leave you enough to live on, you may have the option to go to court and make a claim on their estate. Also, keep in mind that, unlike married couples, you won’t be exempt from inheritance tax if you inherit money or property from your unmarried partner. It’s a lot to consider, but planning ahead can provide peace of mind for both of you.

As an unmarried couple, you are not automatically granted rights unless you take a few extra steps. This can involve:

  • Cohabitation Agreements – documents which outline all the financial rights and responsibilities, including home ownership, debts, savings, rent/mortgage payments.
  • Wills – documents which grant inheritance rights to each partner in the event of an untimely death
  • Making a Lasting Power of Attorney – this helps each partner become able to make decisions around medical treatment and finances, in the event of one partner becoming unable to make these decisions themselves.

As an unmarried couple, you are responsible for any debts that are solely in your name, but you won’t be on the hook for debts that are exclusively in your partner’s name.

However, things can get a bit more complex with joint debts. You could be responsible for debts held in both your names, and also for other debts where you have “joint and several” legal responsibility.

For instance, if you live in England and Wales and owe council tax, both you and your partner will be responsible for that debt, regardless of who actually contributed to it.

Our Family Law Blogs

Our Family Law Blogs