Compassionate Legal Services for Nexgrid Clarity Law

More couples than ever choose to live together without getting married or entering a civil partnership. However, many people are surprised to learn that “common-law marriage” does not exist in England and Wales. Unmarried partners do not automatically gain the same financial rights as spouses — even after many years together.

If your relationship breaks down, questions about who keeps the home, how assets are divided, and what arrangements can be made for children can quickly become complex. Our role is to explain your position, protect your interests, and help you reach a fair outcome.

Where an unmarried couple separates, disputes about property are usually resolved under the Trusts of Land and Appointment of Trustees Act (TOLATA).

TOLATA can help determine:

• who legally owns the home
   
• whether one partner has a financial interest despite not being named on the deeds
   
• whether the property should be sold or transferred
   
• how proceeds should be divided
   

Claims often arise where one partner contributed to the mortgage, deposit, or renovations and believes it is unfair to walk away with nothing. Evidence such as agreements, contributions, and intentions at the time of purchase can all be important.

Unmarried parents cannot rely on the divorce courts for financial claims, but where children are involved, applications may be made under Schedule 1 of the Children Act.

These can include:

• housing provision for the child
   
• lump-sum payments for specific needs
   
• contributions to education or childcare
   
• child maintenance issues alongside the Child Maintenance Service
   

The focus is not on compensating a partner, but on meeting the child’s needs fairly and realistically.

A cohabitation agreement is a legally recognised document that records how finances, property and responsibilities will be handled while you live together — and what should happen if the relationship ends.

It can cover:

• ownership of the home and contributions
   
• how bills, debts and savings will be handled
   
• what happens if one partner moves out
   
• arrangements for pets, vehicles or other assets
   

Having a written agreement provides clarity and can prevent stressful and expensive disputes later on. It is particularly important where one partner invests significantly more than the other, or where children are involved.

We advise unmarried couples at every stage — from moving in together to separation and disputes over property or finances. We can:

• assess your legal rights and potential claims
   
• negotiate fair outcomes without unnecessary conflict
   
• represent you in TOLATA or Schedule 1 court proceedings if required
   
• draft bespoke cohabitation agreements tailored to your circumstances
   

Our approach is practical and forward-looking, aiming to protect you while keeping matters as constructive as possible.