Understanding Legal Rights For Unmarried Couples in the UK
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If you’re in a relationship but aren’t married to your partner, it’s important to know your legal rights. You may be surprised to know that they can vary greatly to those of a married couple.
ONS data shows that there are an increasing amount of cohabiting couples in the UK. These are people who are in a relationship and live together but aren’t married or in a civil partnership. The proportion of people who live in a couple that are cohabiting has increased from 20.6% in 2011 to 24.3% in 2021.
Here’s what you need to know about the legal rights of unmarried couples in the UK
Cohabitation and property rights
Property is often one of the most sought-after assets when a relationship breaks apart.
If the home is under one person’s name, the other won’t have rights to the property unless they have made financial contributions (e.g. contributing to the deposit or paying for major work) or there is a written agreement of a joint interest in the property (e.g. a joint tenancy). Unless you meet these criteria and unless it is specified in their will, you won’t inherit the property if your partner dies either.
However, even if one person hasn’t made any contributions to the property, they could still be eligible to receive financial assistance for a home if they have a child living with them – this is done under the Children Act 1989.
You can seek the help of experienced divorce solicitors to settle financial matters like these and they can draft relevant documents to support your case.
Parental rights and responsibilities
Parental responsibility means you have a say in decisions about the child. The mother has automatic parental responsibility, however if the father is named on the birth certificate, they will also have parental responsibility, even if the parents aren’t married.
An unmarried father can also get parental responsibility for his child through a parental responsibility agreement with the mother or by securing a parental responsibility order from a court.
Even if you don’t have parental responsibility, you are legally required to provide child support if the relationship breaks down. Payments and a court order can be secured with an application to the Child Support Agency.
Financial arrangements and support
An unmarried couple won’t be entitled to claim financial maintenance from one another, unlike a married couple. This is the case even if you’ve lived together for decades. If one person in the relationship is financially dependent on the other, this could put them at risk if they separate.
If you live together and have separate bank accounts, neither of you will be entitled to the money in the other’s account. However, with joint accounts, a court might determine how the money is split if you can’t decide between you.
You won’t be liable for any debts in your partner’s name – and they won’t be liable for those in yours. Nonetheless, you could be responsible for debts in joint names and any other debts where you have ‘joint and several’ responsibility. An example includes council tax.
Where possible, seek financial and legal advice to gain clarity on your situation so you aren’t faced with any nasty surprises.
Inheritance and next of kin status
Unless your partner specifies inheritance details in your will, you may not be entitled to certain assets if they pass away. For this reason, making a will is essential for long-term financial planning and security. If someone dies without a will, this is referred to as having died intestate.
Legally, the next of kin may be able to deal with an estate without a will but having this duty means applying to be an Administrator of the estate. Many people seek advice from family law solicitors with experience in estate planning to gain further clarity over their situation and prevent instances where they or their partner are left in a difficult situation.
If you’re cohabiting and need support from an experienced family law solicitor, don’t hesitate to seek legal advice from one today. Understanding your rights can empower you and offer additional peace of mind.
