All You Need To Know About Legal Rights of Unmarried Couples?

Couples who are not married or in a civil partnership are not entitled to the same legal protections and duties as married or civil partnership couples. In spite of cohabiting for a number of years or sharing children, "common law husbands and wives" are not recognized by the law.

Property law and trust law govern financial matters between cohabitees, while the Children Act 1989 deals with child-related difficulties. This article provides advice on how to safeguard your and your children’s best interests while examining some of the most often asked issues about the legal rights of single couples.

Property Rights of Unmarried Couples

Property rights are among the most important issues facing unmarried couples. You don’t always have a claim to a portion of a property if you live in one that your partner owns entirely. If  you can demonstrate that you made a financial contribution to the house or if there was an
agreement stipulating that you would have an interest in it, you might be able to pursue a financial claim on it.

For example, you might be entitled to a portion of the family home if you made financial contributions to it. If your children reside with you and continue to be dependent on you, you may still be eligible for financial support under "Schedule 1 of the Children Act" in order to provide them with a place to live, even if you have not made any financial contributions.

It is essential to talk about and come to an agreement on what would happen if your relationship ended or if one of you passed away if you are purchasing a home together. Future expensive litigation can be avoided by obtaining legal counsel and establishing a Declaration of Trust. Getting a cohabitation agreement in place is another precaution to take.

Spousal Support for Unmarried Partners

Unmarried couples are not legally entitled to financial support or financial responsibility from one another in the case of a split. Parents who are not married can still request child support, nevertheless. The government’s Child Maintenance Service enforces parents’ financial
obligations to their children in England and Wales.

Parents who are not married may petition the court for financial support for their children listed in Schedule 1 of the Children Act 1989. Orders for property adjustments, lump sum payments, and periodic payments are examples of this type of financial provision.

Inheritance Rights of Unmarried Partners

If a partner dies without a Will, the rules of intestacy apply, determining who benefits from their estate. These rules include provisions for a surviving spouse or civil partner and surviving children, but do not extend automatic rights of inheritance to unmarried cohabiting couples.

If an unmarried couple owns a property jointly and one partner dies without a Will, the property will likely go to the surviving partner. This is also generally true for joint bank accounts. However, to ensure proper inheritance, it is advisable for unmarried couples to draft Wills that
reflect their wishes.

Unmarried partners and their children may be able to make claims under the Inheritance (Provision for Family and Dependants) Act 1975, also known as an ‘Inheritance Act Claim,’ if the deceased partner did not adequately provide for them. You may be able to claim under the 1975 Act if:

1. Your partner died intestate (without a Will).
2. Your partner left a Will but did not adequately provide for you or your children within it.

Protecting Your Interests

To protect your and your children’s best interests, consider the following steps:
● Consult with a legal professional to understand your rights and options.
● Ensure that both partners have Wills that reflect their wishes for inheritance.
● If you are buying a property together, put a Declaration of Trust in place to outline what would happen if the relationship ends or if one of you dies.
● This agreement can outline financial arrangements and property rights, helping to avoid disputes in the future.
● If you have children, ensure that child maintenance arrangements are in place to support them financially.

For further advice please get in touch with our team today by calling 020 8538 0182 or +44 7857 809932, or you can email us on [email protected].

Please note these blogs are to enhance your knowledge and are not tailored advice, for specific advice please get in touch with our outstanding team.