Separating when you are not married is legally very different, and the consequences of not taking advice can be serious.
One of the most persistent myths in English law is the idea of 'common law marriage'. There is no such thing. Unmarried partners, even those who have lived together for many years, have far fewer automatic legal rights on separation than married couples or civil partners.
This does not mean you have no rights. But it does mean those rights work very differently, and they depend heavily on the facts of your specific situation.
Our family law team at Ansons advises cohabiting couples across Staffordshire and the West Midlands on separation, property disputes, financial provision, and arrangements for children. Getting advice early, before you make any decisions about property or finances, is essential.
Advice on your legal position as an unmarried partner
Property disputes, TOLATA claims and beneficial interest
Financial provision for children under Schedule 1, Children Act 1989
Arrangements for children and parental responsibility
Recovering contributions to a property you do not legally own
Separation agreements for unmarried couples
Advice on cohabitation agreements for future protection
Get advice before you make any decisions
The decisions you make in the early stages of separation, particularly about property and finances, can be difficult to undo. Getting early legal advice costs much less than undoing a mistake. Talk to us before you sign anything or move out of a jointly occupied property.
Where possible, we negotiate a separation agreement or TOLATA settlement without the need for court proceedings.
When a marriage or civil partnership ends, the court has wide powers to redistribute assets based on what is fair in all the circumstances. When an unmarried couple separates, those powers do not exist. Your rights depend primarily on legal ownership, what you can evidence, and the specific facts of your situation.
We will tell you clearly what rights you have and where the limits are. No false promises, no surprises.
TOLATA claims are technical and evidence-heavy. Our solicitors are experienced in beneficial interest disputes.
We help unmarried parents navigate parental responsibility, child arrangements orders, and financial provision for children.
A written separation agreement can protect both parties and record what was agreed, reducing the risk of future disputes.
We can also advise on cohabitation agreements and declarations of trust to protect you in any future relationship.
Offices in Lichfield, Cannock, Dudley, and Sutton Coldfield. In-person and video consultations available.
Talk to our family law team. We will give you a clear picture of your legal position and what options are available to you.
If you are unsure where to start, the FAQs below cover the questions we hear most often. Our Family Law team is on hand if you want to talk through anything specific.
Simply give us a call on 0121 716 3716
Yes, but they are very different from the rights that married couples have. There is no automatic right to a share of the other person's property, pension, or savings. Rights depend on legal ownership, financial contributions, and what can be evidenced. Children's rights exist separately under the Children Act 1989.
TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996. It allows a person who is not the legal owner of a property to claim a beneficial share based on financial contributions or a common intention to share. These claims are fact-dependent and can be complex to pursue.
A biological father automatically has parental responsibility if he is named on the birth certificate (for births registered after December 2003). If he is not named on the birth certificate, he does not automatically have parental responsibility, though this can be acquired through a parental responsibility agreement or court order.
Financial provision between former unmarried partners is very limited. However, financial provision for children can be sought under Schedule 1 of the Children Act 1989, which can include capital payments, property settlements, and regular maintenance payments directed toward supporting the children.
A cohabitation agreement is a legal contract between unmarried partners that sets out how property, finances, and assets will be dealt with if the relationship ends. If you are in a relationship and living together, a cohabitation agreement is one of the most effective forms of legal protection available.
Our Family Law team is here for people, not just cases. Approachable, compassionate, and focused on securing the best possible outcomes for you and your loved ones. Combining specialist expertise with clear, practical advice, they guide you through life’s most challenging moments with sensitivity, integrity, and unwavering professionalism.
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Ansons has offices in Lichfield, Cannock, Dudley, and Sutton Coldfield. All four offices cover family law matters, and our team regularly supports clients across the wider region, including Tamworth, Burntwood, Rugeley, Walsall, Birmingham, and surrounding areas.
Our Lichfield family law team advises cohabiting couples across the city and surrounding areas on separation, property disputes, and children's arrangements. We offer initial consultations to help you understand your position before you make any decisions.
St Mary's Chambers,
5-7 Breadmarket Street, Lichfield, Staffordshire, WS13 6LQ
T: 01543 263 456
E: info@ansons.law
Clients in Cannock, Hednesford, and Rugeley can access our family law team at our town centre office. We advise on TOLATA claims, parental responsibility, and financial provision for children following the breakdown of an unmarried relationship.
Commerce House, Ridings Park, Eastern Way, Cannock, Staffordshire, WS11 7FJ
T: 01543 466 660
E: info@ansons.law
Our Sutton Coldfield office serves clients across the Royal Town and into north Birmingham. We understand the complexity that unmarried separations can involve and will give you an honest assessment of your position from the first conversation.
316-318 Lichfield Road, Sutton Coldfield, West Midlands, B74 2UG
T: 0121 716 3716
E: info@ansons.law
Our Dudley office covers the Black Country and West Midlands. Whether you are dealing with a property dispute, questions about parental responsibility, or need advice on a separation agreement, our family team is here to help.
Unit 10, Castle Court 2, Castlegate Way, Dudley, DY1 4RH
T: 0121 550 0010
E: info@ansons.law