In the UK, unmarried partners generally do not have an automatic right to claim maintenance from each other in the same way that married couples do. However, there are certain circumstances in which a partner may be able to claim financial support from the other:
Children: If you have children together, you may be able to claim child maintenance from your partner to help support the children’s upbringing. This can be arranged privately or through the Child Maintenance Service (CMS).
Cohabitation Agreement: If you and your partner have a cohabitation agreement in place that includes provisions for financial support in the event of separation, you may be able to enforce those provisions.
Property Rights: Depending on your contributions to property owned jointly or solely by your partner, you may have rights to a share of the property or financial compensation if the relationship ends.
Financial Dependence: In certain circumstances, if you can demonstrate that you were financially dependent on your partner and have suffered a financial disadvantage as a result of the relationship ending, you may be able to make a claim for financial support. This is typically less common and depends on the specific facts of the case. This is often referred to as a claim for “financial provision” or “financial remedy.” It’s important to note that claims for financial provision for unmarried partners are generally less straightforward than claims for spousal maintenance in divorce proceedings.
An application for financial provision from a former partner in an unmarried relationship would typically be made under the provisions of the Family Law Act 1996. Specifically, Part 2 of the Act deals with financial relief for parties to a cohabitation agreement or for former cohabitants. This part of the Act allows individuals to apply to the court for various financial orders, including lump sum payments, property adjustment orders, and maintenance orders, following the breakdown of a cohabiting relationship. Each case is assessed on its own merits, and the outcome can vary depending on the specific circumstances involved.
In such cases, the partner seeking financial support would typically need to demonstrate:
- They were financially dependent on the other partner during the relationship. This could include relying on the partner for housing, living expenses, or other financial support.
- They have suffered a financial disadvantage as a result of the relationship ending. This could involve loss of income, loss of housing, or other financial hardships.
- Courts may consider various factors when determining whether to grant financial provision, including the length of the relationship, the contributions made by each partner (financial and non-financial), the financial needs and resources of each party, and any children of the relationship.
It’s important to seek legal advice tailored to your individual circumstances if you are considering making a claim for maintenance from a partner you are not married to. The laws and procedures regarding financial support for unmarried partners can be complex and may vary depending on the jurisdiction.
If you believe you may be entitled to financial provision from a former partner, it’s advisable to seek legal advice from a family law solicitor who can assess your situation and provide guidance on the options available to you.
