What are the Legal Rights of Unmarried Couples?

In the UK, the number of couples choosing to live together without getting married or entering a civil partnership is on the rise. While this lifestyle choice suits many, if you’re currently cohabiting it’s important to fully understand that the law is different from married couples or those in civil partnerships, especially when it comes to legal rights.

Our legal experts at Hepburn Delaney are committed to guiding you through the complexities and intricacies of family law and the legal rights of unmarried couples.

Child holding ears with divorced parents in the background

Property ownership

One of the most significant areas where unmarried couple’s rights are different by law is in property ownership. If you and your partner buy a home together without being married, how you own the property (joint tenants or tenants in common) profoundly impacts what happens if you decide to part ways or if one partner passes away. Without a will, the surviving partner may not automatically inherit the other’s share of the property.

Financial support

Unlike married couples, if you’re cohabiting and decide to separate, there’s no legal obligation for one partner to support the other financially. The exception to this is if there are children. For parents, child maintenance is a right under UK law, regardless of the parents’ marital status and an application can be made to the Child maintenance Service (CMS) for financial child maintenance where the non-resident parent earns less than £156,000 gross per annum. In certain circumstances it may also be possible for a parent to make an application to the Court under Schedule 1 of the Children Act 1989 for additional financial provision which can include an order for a lump sum payment, payment of school fees, property transfer and periodical payments (maintenance). Applications under this Act are usually made where the non resident parent has wealth.

Parental rights

Parental rights can also be a very complex and stressful area for unmarried couples. Mothers automatically have parental responsibility. Fathers, however, must either be listed on the birth certificate (for births registered from December 1, 2003, onwards), have a parental responsibility agreement in place, or have a parental responsibility order from a court to have the same rights.

Inheritance and wills

Without a will, an unmarried partner does not automatically inherit anything unless the couple owns property jointly (as joint tenants). It’s essential to have a will in place to ensure your share of the property passes in accordance with your wishes. Additionally, unmarried partners will not receive the same exemptions for inheritance tax as married couples and civil partners do.

Creating a will is hugely important if you’re unmarried, as your partner won’t necessarily be an automatic beneficiary of your estate – regardless of how long you’ve been in a relationship or living together.

How to protect your rights

Given these differences, if you’re in an unmarried couple, there are still steps you can take to protect your legal rights. These can include:

Drawing up a cohabitation agreement to outline what should happen to your property and assets if you split up.
Creating a will to ensure your partner inherits according to your wishes.
Ensuring there is a joint tenancy to protect housing rights,
Making prior arrangements for children, in case of separation

While the choice to marry or not is deeply personal, understanding the legal considerations of that choice is crucial. By being informed and taking proactive steps, unmarried couples can secure their rights and future together.

Learn more about legal rights for unmarried couples

At Hepburn Delaney, we understand that every relationship is unique, and navigating the legal landscape can be daunting. Our team of family lawyers is here to offer expert legal advice tailored to your specific situation, whether you’re considering moving in together, buying a property, or need guidance on protecting your assets and legal rights as an unmarried couple. Contact us today for further legal advice and support.