Unmarried couples and relationship breakdown
Contrary to popular belief unmarried couples have very little protection and legal rights under English law.
It is thought that six out of ten unmarried couples believe that they are the “common law” husband or wife of their partner. The concept of “common law marriage” is a myth and is not recognised by the family courts. This means that unmarried couples have few financial claims against each other.
If you are unmarried, you may have the following questions:
- What financial claims, if any, do I have against my partner?
- If the family home has to be sold what interest, if any, do I have in the proceeds of sale?
- Will I get to stay in the family home?
- What will happen to our children and will my partner have to pay child maintenance?
Rayden Solicitors will guide you through the answers to those questions and ascertain either what you are entitled to or what your financial responsibilities to your partner may be.
The law does not entitle an unmarried person to financial claims against their partner on the breakdown of their relationship in the way that it does for a married couple or those in a civil partnership.
The law will treat you as two unrelated individuals. It will be necessary to look to other areas of the law to see what you may be entitled to and to ensure that, so far as the law allows, your needs are met.