We’re not married, where does that leave me?

  1. 1.       The most common myth amongst cohabiting couples is that they are common law husband and wife. Unfortunately this is not the case, and there is no such thing. Because you are not married, you will not be entitled to make the same financial claims against one another upon the breakdown of the relationship, as if you were married.

 

Depending on your individual circumstances, you may only be entitled to any assets that are held in your sole name, or jointly with your former partner. It is possible in some cases to seek an interest in property that is held in the sole name of your partner. Further, you may be able to claim a greater interest in property that is held  in your joint names.

 

This is a specialist area of law and we would advise that you seek our advice at the earliest opportunity.

If you and your partner are able to agree matters then it is possible to record your agreement in a document called Separation Agreement. This will help to formalise the separation and the financial arrangements thereafter.

 

If you and your former partner have any children together, child maintenance is dealt with separately by the Child Support Agency in terms of its calculation and enforcement.

 

Further, if you are having any difficulties implementing arrangements for your children, as to when they spend time with you and your former partner we can advise you on all the options available.