Unmarried couples

If you’re planning to move in together, a cohabitation agreement can help set clear expectations for managing finances during the relationship and outline arrangements in the event of a breakup. This agreement is especially valuable for: 

• Couples bringing significant assets into the relationship 
• One partner owning the property while the other contributes to the mortgage 
• Situations where verbal agreements about joint ownership haven’t been formalised 

While discussing a cohabitation agreement might feel unromantic, it can prevent disputes later on. Our expert team will draft an agreement tailored to your circumstances, safeguarding assets and clarifying financial arrangements. 

For unmarried couples purchasing property together, a declaration of trust can ensure that each person’s financial contribution is protected. For example, if one partner pays a larger deposit or if a family member contributes funds, this document can formalise the arrangement. We collaborate with our Private Wealth team to prepare these agreements, ensuring all contributions are recognised and safeguarded. 

Cohabitation agreements are legally binding, provided: 

• Both parties have had the opportunity to seek independent legal advice 
• Neither party was coerced into signing 

Couples who establish such agreements often follow them, but court intervention is available if disputes arise. These agreements are complex, and careful drafting is essential to ensure they hold up in legal proceedings. Investing in this process upfront can save significant costs and stress later. 

Unmarried partners may be able to make claims on shared property depending on ownership and the circumstances of its acquisition. These claims are often complex, requiring professional legal advice to determine any entitlement.

For unmarried parents, financial support for children may be sought through: 

• Child Maintenance Service (CMS): Covers standard child maintenance but has limitations if the paying parent lives abroad. There is also a cap in relation to income which can be dealt with via the CMS so some parents may need to apply to court instead, in the absence of an agreement. 
• Schedule 1 of the Children Act: Enables claims for more extensive financial support, such as providing a home for children or covering educational costs like school fees. However, this cannot be used for pension claims. 

Given the complexities of these provisions, seeking legal advice is essential to understand your rights and options. Our family lawyers will work with you to understand your individual circumstances and work to a suitable solution. 

Arrangements for children 

Parental responsibility is a key consideration for unmarried couples with children. Mothers automatically have parental responsibility, while fathers can obtain parental responsibility by: 

• Jointly registering the birth of the child with the mother 
• Entering into a parental responsibility agreement with the mother 
• Applying for a parental responsibility order from a court 
• Marrying the mother 

If care arrangements for your children cannot be agreed upon, we can guide you through mediation or court applications.