Legal Advice for Unmarried Couples on Separation, Division & Protection of Assets

The fastest growing family type in the UK are unmarried couples living together, yet regular research surveys show that couples who are taking the step of living together do not understand the legal implications of doing so.

At Lupton Fawcett we have a team of expert family solicitors that are understanding and sympathetic to your needs, whether you are starting your relationship or if your relationship has broken down. We can provide tailored advice on your particular circumstances so that you understand the implications of moving in with your partner and make sure that your interests are protected or we can advise you on your rights if you are separating from your partner.

Many people believe that couples that cohabit benefit from the same, or similar, legal protection as married couples in the event that they separate. This is often referred to as a “common law marriage”. This is far from the case as there is no such thing as a common law marriage. The reality is that there is very little protection for couples who are living together and unmarried, leaving millions of people at risk of significant financial hardship should they separate or their partner die without leaving a will.

It is possible, and unfortunately relatively common, that a person separating from their partner of many years could find themselves with no financial interest in their home and that their partner has no obligation to support them financially. On the other hand, if a person has been the main or sole financial contributor towards the mortgage, they could find themselves having to hand over half of the equity in the property to their partner in the event that they separate.

It is possible, and unfortunately relatively common, that a person separating from their partner of many years could find themselves with no financial interest in their home and that their partner has no obligation to support them financially. On the other hand, if a person has been the main or sole financial contributor towards the mortgage, they could find themselves having to hand over half of the equity in the property to their partner in the event that they separate.

If you are thinking of moving in with your partner then you should consider entering into a Cohabitation Agreement, to record what you and your partner think should happen if you are to separate. By entering into a Cohabitation Agreement at the outset of your cohabiting relationship can provide financial security and certainty in the future. find more information about Cohabitation Agreements here

If you have separated from your partner, or thinking of separating and want some advice on your options then please contact us

Talk to our Family Solicitors in Confidence

If you wish to talk to one of our family solicitors about protecting the assets of you or your partner, or if you are looking to separate from a relationship with you partner where you jointly own assets but are unmarried, rest assured that our family law team have the legal expertise and experience to help you reach a positive outcome.

Get in touch with our Yorkshire-based team today by calling our Leeds, York or Sheffield offices on 0330 404 6443, by sending us an email or by filling out the enquiry form on this page and letting us know a suitable time to call you back.

Lupton Fawcett is a leading Family law Solicitors firm in Yorkshire with well-established offices of highly experienced solicitors in LeedsSheffield and York.

Our Family Lawyers act regularly for clients across the United Kingdom including Bradford, Birmingham, Hull, Leeds, Liverpool, London, Manchester, Sheffield, York and Nottingham.  We can support your needs wherever you live in England, Wales & Northern Ireland.

For a no obligation initial consultation please either call the office or leave your details using the contact form at the top of this page.  We’ll be happy to help.

“I would like to thank you [Richard Buckley] for your honest and expert advice. Working with you has been invaluable to me in terms of understanding the legalities concerned with matrimonial matters. I would not hesitate to recommend you to others.”

Helen Stead

Many thanks for all your help (Richard Buckley) and professional guidance throughout this challenging process. I have found your advice and tact through my divorce very helpful providing a well balanced view on all matters and situations that occurred some of them unforeseen and you always helped me to reach the best decision possible. Good luck with everything in the future and I will recommend your services to anyone.

Andy North

Chris Burns and Alice Evans guided me through my separation and were able to provide extensive legal knowledge surrounding my financial entitlement to our joint assets. Alice was able to efficiently agree terms with my former partner and diligently meet my objectives. Alice then drafted a highly comprehensive separation deed to reflect this. Both were very attentive to me during the process and remained professional yet sympathetic throughout

Mr M

Chris Burns is an experienced dedicated family lawyer who practices a range of family and children work. He is an excellent practitioner and fights hard for his clients.

Legal 500 2019

The team is very committed to getting the very best outcome for its clients and has impressive legal knowledge.

Legal 500 2019

The practice is a quality, forward-thinking, medium-sized regional practice, which is very proficient and has great strength in depth.

Legal 500 2019
Play icon
Chris Burns, Head of Family Law, discusses the new divorce laws - Video Thumbnail

Chris Burns, Head of Family Law, discusses the new divorce laws

Related Blog Posts

Protecting Inheritance from the pitfalls of Divorce

“Prising open the shuttered door of finality” – Can I change my divorce settlement because of the Coronavirus pandemic?

LB (former husband) and DB (former wife) [2020] EWFC B34 (OJ)

Pencil iconBy Andrew Smith on 17th September 2020

Understanding Minimum Energy Efficiency Standards 1

Treatment of Farms on Divorce

Farming divorces can, in the words of family law judge Wilson J in R v R [2004] FLR 98 be “notoriously difficult to resolve”.

Pencil iconBy Andrew Smith on 12th August 2020

Protecting Inheritance from the pitfalls of Divorce

Online Mediation: The New Norm?

Six months ago no one could have predicted the impact coronavirus would have on the way we work and some of these changes have been

Pencil iconBy Richard Buckley on 22nd July 2020

Protecting Inheritance from the pitfalls of Divorce

Pensions on Divorce and The PAG report

W V H (divorce: financial remedies) [2020] EWFC B10

Pencil iconBy Andrew Smith on 10th June 2020

Family Mediation and Covid-19

Family Mediation and Covid-19

We have had a number of enquiries about how family mediation can work in light of the Government’s social distancing policies.

Pencil iconBy Richard Buckley on 31st March 2020

Covid-19 and the impact upon Separated Parents

Covid-19 and the impact upon separated parents

Prime Minister Johnson set out new restrictions upon movement as of the evening on Monday 23 March 2020 known as the ‘Stay at Home Rules’. Individuals are

Pencil iconBy Sophie Arrowsmith on 27th March 2020

Can I move house during the Covid-19 restrictions? Coronavirus (Covid-19) and residential conveyancing transactions.

Covid-19 and the potential risk for domestic abuse victims

During these uncertain times the UK Government is advising that we self-isolate to prevent the spread of Covid-19.

Pencil iconBy Sophie Arrowsmith on 25th March 2020

Can I move house during the Covid-19 restrictions? Coronavirus (Covid-19) and residential conveyancing transactions.

If you get the toilet roll, I want the pasta – dividing personal items on divorce or dissolution

Who gets to keep what in the house is a common question we are faced with as family lawyers, when advising separating couples.

Pencil iconBy Andrew Smith on 23rd March 2020

Should you consider online divorce?

Should you consider online divorce?

In 2018 HMCTS launched its online divorce service, seemingly streamlining the process required for couples to begin a divorce petition.

Pencil iconBy Andrew Smith on 18th February 2020

The Marriage Story - is an amicable divorce possible?

The Marriage Story – is an amicable divorce possible?

After receiving a recommendation from a friend of mine, I watched “The Marriage Story” on Netflix this weekend. If you are planning on watching the

Pencil iconBy Richard Buckley on 18th February 2020

Divorce Law

Divorce Day

The first Monday after 1 January has been labelled ‘Divorce Day’ by the media due to the influx of divorce enquiries family solicitors receive after the

Pencil iconBy Sophie Arrowsmith on 8th January 2020

Protecting Inheritance from the pitfalls of Divorce

Christmas for separated parents

Christmas is a time for families to celebrate together and enjoy the festive season.

Pencil iconBy Sophie Arrowsmith on 19th December 2019

Why Choose Lupton Fawcett?

Having advised and supported many local families, individuals and businesses, we are proud to offer clients a dedicated service from specialist solicitors who are experts in their field:

We're Award Winning

We were awarded the Legal 500 HR/Employment Law team of the year in 2017

We're Connected

We're connected to the people, businesses and infrastructure throughout Yorkshire

We Put You First

You can be sure to expect superb client service from us. Our clients are our priority

We're accredited

Recognised by leading Legal Directories Chambers & Partners and the Legal 500

Get In Touch Today!

Get In Touch Today!

Please complete this form to make an enquiry and we will get back to you as soon as we can.

Remember you can still call us on 0333 323 5292 or email us at law@luptonfawcett.law

  • This field is for validation purposes and should be left unchanged.