Separation from an unmarried partner

No. 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 situation. Getting advice early, before you make any decisions about property or finances, is essential.

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 mainly on legal ownership, what you can evidence and the specific facts of your situation.

• 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 they are named on the birth certificate (for births registered after 1 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.

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

TOLATA is the Trusts of Land and Appointment of Trustees Act 1996. It allows a person to make a claim against a property they do not legally own, or to increase their interest in a jointly owned property beyond their 50% share.

TOLATA claims are technical, evidence-heavy and fact-dependent. They can be complex to pursue. We explain what you are entitled to claim and what evidence you will need, and where possible we negotiate a settlement without court proceedings.

Children's rights exist separately, under the Children Act 1989. We help unmarried parents with parental responsibility, Child Arrangements Orders and financial provision for children.

There is no mechanism for financial provision between former unmarried partners unless there are children. Where there are, financial provision for the children can be sought under Schedule 1 of the Children Act 1989. It can include capital payments, property settlements and regular maintenance payments to support the children.

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

For any future relationship, we can also advise on cohabitation agreements and declarations of trust to protect you.