Separation lawyers & divorce solicitors

Legal advice is recommended when you separate from your partner, especially when children are involved

Talk to our our children and family law experts for advice on separation, whether you’re married or a cohabiting couple

Separation

We speak to many people who have set up life with someone, perhaps had children together, bought a house, even created a business together, but didn’t get married. In these situations, divorce proceedings are not applicable, the cohabiting couple needs to resolve matters by formalising their separation.


It is important to realise, that the way the law deals with married and unmarried couples is very different. Separation does not afford the same legal rights as divorce on many issues, such as property.  We strongly recommend taking legal advice. 

Frequently Asked Questions

What legal rights do cohabiting couples have if they separate?

The number of unmarried, cohabitant couples is increasing. The proportion of people aged 16 years and over living in a couple who were cohabiting (not in a marriage or civil partnership) went up from 19.7% in 2012 to 22.7% in 2022, according to official estimates. That’s a rise from 5.4 million people in 2012 to 6.8 million people in 2022.

There is no dedicated law for cohabitees in England and Wales, however, that recognises the needs of these cohabiting couples if and when their relationship breaks down. In a divorce, proceeds from assets such as the family home might be divided if there is a dispute. If you co-habit, you are not covered by divorce law. Other legislation, such as trust and property law, come into effect in matters related to property, for example. Equally, you have no automatic entitlement as a cohabitee to make claims against your ex-partner’s pension. You can’t apply for spousal maintenance.

It’s a situation that leaves many dependent cohabitees in difficulty. While remaining unmarried might suit you and your partner for all sorts of reasons, you need to be aware that the law will not cover you in the same way if you split up. The idea of a ‘common-law man and wife’ is a complete myth. If you are not married to your partner and you live together, you will not enjoy the same legal rights as a married couple if your relationship breaks down.

The exception in family law is where children are involved, because the court does not make a distinction between married and unmarried parents when considering matters relating to the couple’s children. Disputes on issues such as child arrangements are dealt with in the same way.

 

How does the law handle property and child arrangements for cohabiting couples who separate?

Property and financial matters

Ownership - the court will look at how the property, such as the house and cars, is owned. Was it bought jointly or by one partner? Does documentation exist that outlines ownership?

Contributions - if ownership isn't clear-cut, the court may consider each partner's financial contributions to the property's acquisition and upkeep. This can include mortgage payments, renovations, or bills.

Intention - the court might also consider evidence of the couple's intentions at the time of purchase or cohabitation. Did they intend to share ownership equally, or was there another understanding?

Trust law - concepts from trust law might be applied to determine the beneficial ownership of assets.

It’s important to remember that there are no automatic rights for unmarried couples in property and financial matters. The court will rely on concrete evidence, such as property deeds, financial records or written agreements to make decisions.

Child arrangements (if applicable):

Your child's best interests - similar to married couples, the court's primary concern is the child's welfare when making decisions about living arrangements and contact with each parent.

Child's needs - the court will consider the child's age, needs, and emotional well-being when determining child arrangements.

Parental capabilities - both parents' capacity to care for the child, including their living situation, financial stability, and emotional well-being, will be assessed.

Here's what can help

Cohabitation agreement - having a cohabitation agreement drafted before moving in together can significantly reduce confusion and legal disputes during separation. It outlines ownership of property, how finances will be handled and any potential childcare arrangements in the event of a separation.

Legal advice - consulting with a solicitor who specialises in family law can be extremely beneficial, especially when navigating property division or complex child custody arrangements. They can advise you on your rights and options based on your specific situation.

Belderbos Solicitors is ready to help

What Our Clients Say

James has been acting for my sister with her divorce. I was present at the first meeting and was impressed and pleased with the way he got her to open up and talk to him in a way that I have seldom seen her do. James has been very firm and honest with my sister throughout the process, guiding her to make difficult decisions, and acting in an empathic and professional manner at all times. I would be very happy to recommend James to anyone going through a similar situation.

Ms P, Leicestershire

James was recommended to me when I was new to the area and looking for a good lawyer to help me with my divorce which can be a painful process to go through.

For me in particular, this is true. It was necessary for me to end my marriage of 45 years which is the biggest step I have undertaken in my entire life but was absolutely right. At last, like some sort of chrysalis I am emerging to become the butterfly I always was. Throughout a difficult divorce James Belderbos offered both wise and succinct advice together with support. My gratitude is infinite. It is reassuring to know there are solicitors practicing who take their role seriously and professionally. James Belderbos is one.

JW of Mountsorrel

James was recommended to me when I was new to the area and looking for a good lawyer to help me with my divorce which can be a painful process to go through.

Not only was James extremely attentive to accuracy and detail, he showed compassion and kindness (a trait not often associated with lawyers!) and steered me towards reaching a satisfactory result with my divorce.

Ms B, Nottinghamshire

Our Full Range Of Family Law Services

Divorce

Whether you need guidance on child arrangements, financial matters, court applications, or out-of-court solutions, our expert divorce solicitors are here to help. Select the services that best meet your needs and let us support you through every step of the process.

Separation

Legal advice is recommended when you separate from your partner, especially when children are involved. Talk to our our family law experts for advice on separation, whether you’re married or a cohabiting couple.

Nuptial Agreements

Whether you're preparing for marriage or looking to secure financial clarity in your existing partnership, our experienced family law team is here to help you protect your assets and ensure peace of mind for the future.

Cohabitation

Whether you’re facing separation, considering a separation deed, or moving in together as a cohabiting couple, our experienced family law team is here to protect your rights and guide you through every step.

Children

Expert legal support for all aspects of child arrangements, from court applications to financial orders, ensuring the best outcomes for your family's future.

Out of Court Solutions

Explore tailored out-of-court solutions like mediation, hybrid mediation, collaborative law, or early neutral evaluation to resolve family disputes amicably and avoid the stress and cost of court.

Domestic Abuse

Immediate court orders and non-molestation injunctions can shield you from domestic abuse, harassment, and other threats. Our expert legal team is here to guide you through every step.