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Separation from an Unmarried Partner - Know Your Rights

 

Separating when you are not married is legally very different, and the consequences of not taking advice can be serious.

The law does not treat unmarried couples the same way

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.

What we can help with

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

Enquire about separation from an unmarried partner

Tell us what you need and we'll put you in touch with the right person.

 

How we can help, step by step

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.

1

Get advice

We assess your legal position, including any property rights, parental responsibility, and financial claims available to you. 
2

Understand your options

We explain what you are entitled to claim and what evidence you will need to support any property or financial dispute. 
3

Reach agreement

Where possible, we negotiate a separation agreement or TOLATA settlement without the need for court proceedings. 

4

Formalise

Any agreement reached is documented properly, making it clear and legally binding for both parties going forward. 

What rights do unmarried partners have?

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.

Key things you should know

  • There is no automatic right to a share of the other person's property, even after many years together.
  • A beneficial interest in a property can be claimed under TOLATA where financial contributions or a common intention to share can be evidenced.
  • Unmarried fathers do not automatically have parental responsibility unless named on the birth certificate (for births registered after December 2003).
  • Financial provision for children can be sought under Schedule 1 of the Children Act 1989, including capital payments and maintenance.
  • A separation agreement can record what has been agreed and reduce the risk of future disputes.

Why choose Ansons when seperating from an unmarried partner

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Honest advice on your position

We will tell you clearly what rights you have and where the limits are. No false promises, no surprises. 

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Property dispute expertise

TOLATA claims are technical and evidence-heavy. Our solicitors are experienced in beneficial interest disputes. 

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Children's arrangements

We help unmarried parents navigate parental responsibility, child arrangements orders, and financial provision for children. 

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Separation agreements

A written separation agreement can protect both parties and record what was agreed, reducing the risk of future disputes. 

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Future planning

We can also advise on cohabitation agreements and declarations of trust to protect you in any future relationship. 

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Four local offices

Offices in Lichfield, Cannock, Dudley, and Sutton Coldfield. In-person and video consultations available. 

Not sure where you stand?

Talk to our family law team. We will give you a clear picture of your legal position and what options are available to you.

Frequently asked questions

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

Do unmarried couples have any legal rights when they separate?

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.

What is TOLATA and how does it apply?

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.

Does the father of my children have parental responsibility?

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.

Your Family Law Experts

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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Explore Ansons Insights for the latest legal updates, case reviews, and practical advice from our team across commercial, property, family, and private client law.

Serving clients across Staffordshire and the West Midlands

 

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.

Unmarried partner separation solicitors in Lichfield

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

Unmarried partner separation solicitors in Cannock

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

Unmarried partner separation solicitors in Sutton Coldfield

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

Unmarried partner separation solicitors in Dudley

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