Unmarried couples don't have the same legal protections as married or civil partnership couples, but with our family solicitors on your side, you'll get the best outcome for your situation. It's more complex when you’re an unmarried couple separating, and how you share financial responsibilities, debts, and child care is all open for discussion. Our family law solicitors are on hand to help; we’ve worked with many unmarried couples when they split up to help them reach a fair outcome.
We can help you negotiate what the future arrangements will be and draft a separation agreement. This can include both the arrangements for your children and your finances. We can consider matters the courts cannot and work with you to create a separation agreement that meets your needs, which is legally binding.
If an unmarried couple approach the courts for intervention, the court will be limited in what it can consider and what outcomes it can order. This means they will divide things based on the law and not what you might think is fair. Unmarried separations are complex, as the law is often black and white, while a relationship isn’t as clearly defined. Our solicitors can guide you through the separation process and negotiate for your best interests.
Having one of our solicitors on your side means you will get a fairer outcome. Dividing an unmarried couple's assets is challenging, and you need to act quickly to get your rights to any assets established so they can’t be sold before your rights are enforceable.
For a free initial consultation, give us a call on 0800 1380 458, or get in touch via our website.
Separating even when you are unmarried is emotional and complex, but we’re here to help you move onto your next chapter. At Switalskis we’re known for our complex financial remedy work and have a reputation for our friendly and approachable style, with open lines of communication.
Our solicitors are Resolution members because it’s important to us to always try find constructive solutions to our clients problems. We help our unmarried clients with:
We’re skilled negotiators and always focus on achieving the best outcome for you. We’re here to give you clear advice so you can make informed decisions on what to do next. We won’t leave you waiting for answers and our clients recommend us for our excellent communication.
If you are an unmarried couple with a property, it isn’t always clear what happens. What it says on the deeds is not always the final answer. If you shared a property with your ex that one of you owned then the non-owner may be able to make a claim under TOLATA. TOLATA is the Trusts of Land and Appointment of Trustees Act 1996, which means that even if you’re not named on the deeds, you can claim ownership rights.
TOLATA lets the court make decisions on property disputes between unmarried couples, including who owns the property and who gets to stay in the property.
Before pursuing a TOLATA claim we will work with you closely to try resolve things out of court, using mediation and negotiation. If we cannot get an agreement for you then we will:
The process of agreeing a separation varies between couples. If you and your ex are amicable and willing to negotiate then the process can be much quicker and won’t require waiting for court dates or lots of back and forth. However, if you can’t agree things then it becomes more complicated, as proving someone has a financial interest in something they don’t own isn’t straightforward, Also if you need to go down the routes of mediation, arbitration or court it will take longer as you have to wait for available dates with the professionals or courts.
Even if you’re unmarried, you are still the parents of the child or children and still have parental responsibility. This isn’t impacted if you separate. You will need to agree the child arrangements, which lays out who the child lives with and when, and when they go visit and speak to the other parent. If you cannot agree, the court will decide. It may also include any financial arrangements for your children like child maintenance, the payment of school fees and clubs etc.
For unmarried couples usually it is decided based on the legal owner. For example, who paid for an item is often regarded as the legal owner.
If you have something where you are not the legal owner, but you think you have a right to some or all of it, this is called a beneficial interest. It is possible to show you have a beneficial interest in the things you bought together or were both gifted the item/money. Our solicitors will be able to explain how this works and what is needed to show you have a beneficial interest. They will also explain what happens if the court disagree with your claim, as this may leave you liable for the other parties legal fees.
For a free initial consultation, give us a call on 0800 1380 458, or get in touch via our website.
For every three cohabitation agreements our family solicitors have handled, they have advised on around fifty financial and property disputes between couples who are splitting up. The process and cost of a cohabitation agreement is much simpler and quicker than a dispute. This article explains what a cohabitation agreement is, and why you should consider one if you’re going to move in with your other half.
Forced marriage could be happening more often than figures suggest, a solicitor claims, after shedding light into the reality of her cases.
This blog explores the landmark judgment in Standish v Standish [2025], a Supreme Court case that has confirmed how courts treat pre-marital wealth and intra-spousal transfers in divorce proceedings across England and Wales.
While you can change a child's name, this blog looks at the factors that need to be considered first.
Divorce can be a difficult journey, but you don't have to go through it alone. At Switalskis, we offer straightforward, practical advice so you can navigate this challenging time with confidence.
Divorce involves various complicated legal steps, but we're experts at making complex matters simple to understand. Our solicitors will guide you through each stage, from initial paperwork to the final agreements to make sure that you understand what's going on at all times.
We understand that divorce is an emotional and significant life change. Not only does our team understand the law; we also know how to be good listeners. We'll focus on what you really need and tailor our service to suit you.
You can count on us for reliable advice that will stand the test of time. We're equipped to manage even the most challenging divorce situations seamlessly.
We're not just about ticking boxes and filling in forms; we advocate for you throughout the process. Our aim is to achieve a divorce settlement that sets you up well for your future. Whether this is your first time going through a divorce or you've experienced it before, we'll make sure you're legally protected.
If you're considering divorce and want expert advice tailored to your needs, chat with our team today. You can call us on 0800 138 0458 or send us a message through our website.