Unmarried Couples

The law for unmarried couples in England and Wales is very different to married/civil partnership ones.

The law does not recognise Common Law partners or Husband and Wife.  Some religious marriages also fail to class as a "legal" marriage in England and Wales.

Cohabitation Agreements

This is a legal document where couples can set out who gets what in the event of their relationship breaking down. Where there are children, then a cohabitation agreement can also accommodate what happens to them, such as where and who they will live with, and when they will see the non-resident parent.


A cohabitation agreement puts everything in writing, so there is less chance of disagreement or uncertainty when a couple separate. Timing is important – if a cohabitation agreement is drawn up in advance, for example - deciding to move in together, the terms are likely to be more reasonable than waiting until the relationship has broken down.


Our team are experts in advising upon and drafting of cohabitation agreements.

Unmarried couples and separation

In general, unlike married couples, unmarried partners have no claim on their former partners pensions when they separate.   


If an unmarried cohabiting couple jointly owns their home, and wishes to separate, they will both be entitled to continue living in the property after separation until they sell it. They will retain their respective share of the equity.


If the property in which they lived is owned outright by one party, the former partner will have no automatic right to any share of the equity. To obtain a share the former partner would have to make an application to the Court under the Trusts of Land and Appointment of Trustees Act 1996 (Often abbreviated to TOLATA or TLATA). 


Our team has extensive experience dealing with non married couple separations.  They can advise on potential courses of action as well as assist in drafting agreements where splits are amicable.  Having access to a Barrister in house means that even the most complex cases can be managed from the outset.   


Death of a partner

The instructions contained in the Will of the deceased  partner will determine how their estate is apportioned.


 In the absence of a provision in the will, if one partner of an unmarried couple dies, their surviving partner does not automatically inherit a portion of their estate by having been their partner.   


the surviving partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Under this legislation, they might be able to claim a portion of the estate if;


  • the couple had been living in the same household as if they were a married couple for a period of two years prior to the date of death;
  • or the surviving partner had been maintained by the deceased and no proper provision had been made for them.


Why do unmarried couples come to Wildcat Law for advice?

Our clients often comment upon the fact that they get to speak to a Barrister who can provide realistic advice at the outset of their matter. This is especially so with TOLATA (TLATA) matters which are often very complex and where many solicitors would revert to a Barrister for expert opinion. Having a Solicitor and Barrister on matters means a seamless service for clients.

Speak to our team today  see how they can help.

We want to know your needs exactly so that we can provide the perfect solution. Let us know what you want and we’ll do our best to help.

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