There can be all sorts of legal problems with unmarried couples in the event of a break down in the relationship.
When unmarried couples in the UK separate, they often face a range of legal issues due to the lack of legal recognition of their relationship. Unlike married couples or those in a civil partnership, cohabiting partners do not automatically acquire legal rights to each other’s property, income, or pensions upon separation, regardless of the duration of their relationship or whether they have children together. Although the legal problems with unmarried couples can be difficult Bryan & Armstrong can help you navigate the issues.
One of the most significant issues arises around property ownership. If the home is in one partner’s name, the other may have no legal claim to it unless they can prove a financial contribution or establish a beneficial interest through a “constructive trust” or a “proprietary estoppel” claim. These legal routes are complex, uncertain, and often require costly litigation.
Another area of concern is financial support. Unmarried partners are not entitled to spousal maintenance, though child maintenance may be payable through the Child Maintenance Service if the couple has children. However, this only covers basic support and does not account for the full costs of raising a child or providing for the parent with primary care.
Legal problems with unmarried couples can be strengthened with a cohabitation agreement
Pensions and inheritance rights also present challenges. Without a will, an unmarried partner has no automatic right to inherit under the intestacy rules, which can lead to financial hardship. They may need to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which is not guaranteed and can be time-consuming.
To mitigate these issues, cohabiting couples are advised to create a cohabitation agreement outlining financial arrangements and property rights. Making a will and discussing asset ownership clearly is also critical. Until cohabitation law reform is enacted, the legal protection for unmarried couples remains limited, creating uncertainty and risk during separation.
Bryan & Armstrong can support you with all aspects of family law, from divorce, domestic abuse, legal aid, unmarried couple disputes, arrangements for children and starting a new relationship
