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I need more information about Unmarried Couples – Separation

The law does not protect co-habiting or unmarried couples in the same way as it protects married couples.

If you are separating from your partner, you may own property or assets together that will have to be shared upon separation.

You may also have children and arrangements will need to be made for them for the future. Please refer to our Child Arrangements page for further information.

For co-habiting or unmarried couples, the starting point is that property or assets are owned fully by the legal owner. This means that the presumption is that if you are the sole registered owner of a home or vehicle, for example, you own that property and its value in full.

However, you may have previously agreed that the benefit of the property should be different from the legal ownership. In certain cases a trust may be formed which gives the non-owner rights to some or all of the value.

When considering your entitlement to any assets, a number of factors must be considered:

• Who has legal ownership?
• Is there any written evidence that establishes a different beneficial interest?
• Has there been any verbal or implied agreement that establishes a different beneficial interest?
• What did each party contribute?
• Has either party suffered financially as a result of reliance on discussions or agreements?
• Have you even been engaged to be married?

If you are considering separation or have already separated, we will discuss your individual circumstances and advise you accordingly.

Your case is unique. At Hepburn Delaney we believe it is important that you only pay for the advice that you require. Rather than offering fixed fees which can result in you paying more, we offer competitive hourly rates for advice on financial matters.

Because unmarried couples must rely on the law of property and trusts, rather than family law, the outcomes can be unpredictable. We ensure that your costs are discussed throughout your case to enable you to have a full understanding of the cost benefits or disadvantages of each decision.

We recommend that in the first instance you attend our initial fixed fee appointment when we can discuss your options in full.

To contact us, please:

Call us on 01442 218090

Send an email to info@hepburndelaney.co.uk

Click on the link to the right and Contact the Family Team

The Advice

The law does not protect co-habiting or unmarried couples in the same way as it protects married couples.

If you are separating from your partner, you may own property or assets together that will have to be shared upon separation.

You may also have children and arrangements will need to be made for them for the future. Please refer to our Child Arrangements page for further information.

For co-habiting or unmarried couples, the starting point is that property or assets are owned fully by the legal owner. This means that the presumption is that if you are the sole registered owner of a home or vehicle, for example, you own that property and its value in full.

However, you may have previously agreed that the benefit of the property should be different from the legal ownership. In certain cases a trust may be formed which gives the non-owner rights to some or all of the value.

When considering your entitlement to any assets, a number of factors must be considered:

• Who has legal ownership?
• Is there any written evidence that establishes a different beneficial interest?
• Has there been any verbal or implied agreement that establishes a different beneficial interest?
• What did each party contribute?
• Has either party suffered financially as a result of reliance on discussions or agreements?
• Have you even been engaged to be married?

If you are considering separation or have already separated, we will discuss your individual circumstances and advise you accordingly.

The Costs

Your case is unique. At Hepburn Delaney we believe it is important that you only pay for the advice that you require. Rather than offering fixed fees which can result in you paying more, we offer competitive hourly rates for advice on financial matters.

Because unmarried couples must rely on the law of property and trusts, rather than family law, the outcomes can be unpredictable. We ensure that your costs are discussed throughout your case to enable you to have a full understanding of the cost benefits or disadvantages of each decision.

The Next Steps

We recommend that in the first instance you attend our initial fixed fee appointment when we can discuss your options in full.

To contact us, please:

Call us on 01442 218090

Send an email to info@hepburndelaney.co.uk

Click on the link to the right and Contact the Family Team

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