Unmarried Couple Rights During Split Solicitors
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Are you an unmarried couple facing a separation? It's crucial to understand your legal rights and obligations when it comes to dividing your property. Unlike married couples, unmarried partners do not automatically acquire the same rights and responsibilities.
Are You Relying on The "Common Law Marriage" Myth
Many people mistakenly believe that living together for a certain period creates a "common law marriage". This is a misconception. In the UK, there is no legal concept of common-law marriage. This means that even if you have lived together for many years, you do not have the same legal rights as a married couple.
Assuming you have the same rights as a married couple can lead to significant financial and emotional consequences. If you do not have a cohabitation agreement in place, it can be difficult to determine who owns what property and who is responsible for debts. This can result in lengthy and costly legal battles.
Matters are only slightly different if you are an engaged couple. Engaged couples have certain rights, but these are not as extensive as married couples.
Do I Need a Cohabitation Agreement?
Here’s a real-world example:
- John and Sarah lived together for 15 years and had two children. They purchased a home together, but the property was registered in John's name only. When they separated, Sarah believed she was entitled to a share of the property. However, without a cohabitation agreement, it was difficult to prove her claim.
Our Cohabitation Agreement Service
A cohabitation agreement is a legally binding contract that outlines the rights and responsibilities of unmarried partners. It can help to avoid disputes and ensure a fair division of property in the event of a separation.
We can help you include the following key terms in your Cohabitation Agreement:
- Property Ownership: Clearly state who owns what property, both individually and jointly.
- Financial Responsibilities: Define how bills and expenses will be shared.
- Debts: Outline how debts will be divided in the event of a separation.
- Inheritance: Specify whether either partner will be entitled to inherit from the other's estate.
- Children: If you have children together, address issues such as child custody, child support, and parental responsibility.
It's advisable to seek legal advice when drafting this agreement as we can ensure the document is fair and legally binding, as well as including your rights and obligations.
Our Services Protecting Your Unmarried Couples’ Rights
In addition to creating your cohabitation agreement, we can help you with:
Joint Ownership
We are also able to advise you on joint ownership if you have purchased a property together. This can complicate matters in the event of a separation. The law in England and Wales is complex, and the outcome of a property dispute can depend on several factors, including the intentions of the parties and the contributions made by each partner.
The Jones v Kernott case established that the court can infer the parties' intentions regarding ownership based on their conduct and contributions. This means that even if a property is registered in joint names, the court may determine that one partner has a greater beneficial interest.
Avoiding Property Disputes
Open communication and careful planning can help to avoid property disputes. It's important to discuss your financial situation regularly and be transparent about your assets and liabilities. If you are considering purchasing property together, it's advisable to consult with a solicitor to understand the potential risks and benefits.
Funding Your Case
When facing legal matters related to unmarried couples, financial clarity is paramount. We're dedicated to providing affordable and accessible legal services. To that end, we offer the following payment options:
- Fixed Hourly Rates: Benefit from transparent pricing with our fixed hourly rates, giving you a clear understanding of your legal costs.
- Flexible Payment Plans: We recognise that financial circumstances can vary. Our flexible payment plans are designed to accommodate your specific needs and budget.
How We Can Help
We are here to help you with:
Property Division
- Fair Division Determination: We will carefully assess the contributions of each partner to the acquisition, improvement, or maintenance of the property, regardless of ownership. This includes considering factors such as financial contributions, domestic labour, and emotional support.
- Property Settlement Agreement: Our experienced solicitors can help you negotiate a mutually agreeable property settlement agreement that outlines how assets and debts will be divided. We will ensure that your rights are protected and that the agreement is fair and equitable.
Child Custody and Support
- Child Custody Arrangements: We can assist you in creating child custody arrangements that are in the best interests of the children. This includes determining legal custody, physical custody, and visitation schedules.
- Child Support Calculation: Our solicitors will use the appropriate guidelines to calculate child support payments based on the income of both parents and the number of children involved. We can also help you address any unique circumstances that may affect the calculation.
Financial Claims
- Potential Financial Claims: You may be entitled to financial claims such as contributions to the household, property, or the other partner's career. Our solicitors will evaluate your specific situation to determine what claims you may be eligible for.
- Financial Settlement Negotiation: We can help you negotiate a fair and equitable financial settlement that addresses your needs and protects your financial future. This may involve discussing spousal maintenance, child support, and the division of assets and debts.
Mediation or Arbitration
- Experience in Mediation and Arbitration: Our solicitors have experience in both mediation and arbitration processes for unmarried couple disputes. We understand the benefits and drawbacks of these alternative dispute resolution (ADR) methods and can advise you on the best approach for your situation.
- Recommendation ADR: We will recommend mediation if we believe it is a suitable option for your case. These processes can often be more cost-effective and less stressful than litigation. Our solicitors will guide you through the process and ensure that your interests are represented.
Why Choose Us
Our team of experienced solicitors offers comprehensive legal services tailored to the unique needs of unmarried couples.
- Deep-Rooted Expertise in Family Law: With decades of combined experience, our solicitors are well-versed in the intricacies of family law, including post-nuptial agreements.
- Personalised Approach: We work closely with you to understand your specific circumstances and develop a customised legal strategy that aligns with your goals.
- Strong Negotiation Skills: Our solicitors are skilled negotiators who can help you reach a fair and equitable agreement, minimising the need for lengthy legal battles.
- Clear and Concise Communication: We believe in open and honest communication. Our solicitors will keep you informed throughout the process and provide clear, jargon-free advice.
- Cost-Effective Solutions: We explore alternative dispute resolution options, such as mediation or arbitration, to help you resolve your case efficiently and economically.
- Local Presence: Our solicitors are conveniently located in Birmingham, London, and Northampton, providing easy access to legal services.
FAQ
What is a cohabitation agreement?
A cohabitation agreement, also known as a living together agreement, is a legal document that outlines the financial arrangements between unmarried partners who are living together. It specifies the rights and obligations of each partner in relation to property, finances, and other matters.
Do I need a cohabitation agreement if we have been living together for a long time?
While it is possible to establish common-law rights in some jurisdictions, having a cohabitation agreement can provide greater certainty and protection for your financial interests. Even if you have been living together for many years, it is advisable to have a formal agreement in place to avoid disputes and potential legal complications.
What happens if we don't have a cohabitation agreement and we break up?
If you and your partner break up without a cohabitation agreement, the division of property and finances can be complex and often involves legal proceedings. In the absence of a formal agreement, the courts may consider factors such as contributions to the relationship, the length of the relationship, and the intentions of the parties when determining property rights.
Can I claim a share of my partner's property if we are not married?
Whether or not you can claim a share of your partner's property depends on several factors, including the jurisdiction in which you live and the nature of your relationship. In some jurisdictions, it is possible to establish common-law rights to property, even if you are not married. However, having a cohabitation agreement can provide stronger legal protection for your rights.
How can a divorce solicitor help me with my property dispute?
While divorce solicitors typically handle matters related to marriage and divorce, they can also assist with property disputes involving unmarried partners. A divorce solicitor can provide expert advice on your legal rights and options, negotiate on your behalf, and represent you in court if necessary. They can help you understand the potential outcomes of your case and guide you through the legal process.
Qarrar Somji
Solicitor-Advocate
Qarrar qualified as a Solicitor Advocate in 2014 having previously had experience in a varying range of litigation roles.
