Separation for Co-habiting and Unmarried Couples

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.

If you also have children, arrangements will need to be made for them for the future. Hepburn Delaney’s team of experts can help you understand the legal rights for unmarried couples.

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 ever been engaged to be married?

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

Learn more about legal rights for unmarried couples

We offer an initial advice and objectives meeting. In our meeting, we take the time to understand your unique family law situation and explore your goals and options moving forward. This introductory consultation allows us to gather important information, answer your initial questions, and provide you with a clear understanding of the legal process. Whether you’re facing a divorce, custody issue, or other family law matter, this meeting is designed to help you make informed decisions and feel confident in the next steps.

To contact us, please:

Fill out our enquiry form and speak to one of our Family Team about legal rights for unmarried couples today.

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Legal Rights For Unmarried Couples

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Separation for Co-habiting and Unmarried Couples

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

Learn more about legal rights for unmarried couples

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Rebecca Delaney

Claire McParland

Laura Webster

Drenne Dunphy

No-fault divorce comes into force in England and Wales