When an unmarried couple separates, there is no single set of laws that deals with the division of finances in the same way as there is on divorce. The legal position will depend on the circumstances of the relationship and the assets, liabilities and arrangements between you.
Disagreements can arise over the family home, ownership of other property, savings, debts and financial contributions made during the relationship. Where children are involved, there may also be separate considerations concerning their financial needs and arrangements for their care.
What are my rights?
There is a common misconception that couples who have lived together for a number of years, or who have children together, automatically acquire the same rights as a married couple. This is not the case.
Your legal rights may depend upon matters such as how property is owned, any agreement between you, financial contributions made by either party and the intentions and arrangements during the relationship.
Where the family home is owned in one person's name, the other person may, in certain circumstances, be able to establish an interest in the property. Equally, joint ownership does not necessarily mean that the parties' beneficial interests are always straightforward. For further information in relation to disputes over the home, please click **HERE-HYPERLINK TO THE DISPUTES OVER FAMILY HOME SECTION??**
Where children are involved, there may be additional options for obtaining financial provision for their benefit, depending on the circumstances.
Can we reach an agreement?
Wherever possible, we encourage separating couples to try to resolve financial and property disputes by agreement. Reaching an agreement can help to reduce conflict, avoid unnecessary court proceedings, reduce legal fees and provide greater certainty for both parties.
An agreement may involve the sale or transfer of a property, division of assets, arrangements for liabilities or other financial arrangements appropriate to your circumstances.
Why do I need a solicitor?
Disputes between unmarried partners can involve complex areas of property and family law. Your legal position will depend heavily on the individual circumstances and the evidence available.
Our family law team can advise you on your legal rights, explain what options are available to you and assist with negotiation to help you reach a fair and practical resolution. Where an agreement cannot be reached, we can advise you on the appropriate court proceedings and represent you throughout the process.
