Unmarried Disputes Lawyers
Many people now choose not to marry or enter a civil partnership and instead live together and build a family unit as co-habitees.
If the relationship then breaks down, the legal issues faced are often complex. McAlister Family Law has a specialist unmarried families division, who have a wealth of experience in navigating this area of family law.
Whether you are wanting to enter into a co-habitation agreement prior to living together or have recently separated and want to understand your legal rights, our highly experienced team will provide you with clear straightforward advice in relation to potential claims that you or your partner may have.
Unmarried Services
Need Advice before You Move In? We Can Help
If you are yet to move in with your partner, then it would be worth considering entering into a cohabitation agreement to offer you both legal protection without the legal status that marriage automatically gives.
A cohabitation agreement is a legal document between unmarried couples in cohabiting relationships who are living together. It sets out arrangements for finances, property, and children while you’re living together and if you split up, become ill, or die.
You can make an agreement at any time. It’s good to do it before you move in together, but you may want to consider one if you decide to have children or get a mortgage. Without one you do not have many rights.
A Collaborative, Strategic Approach To Unmarried Disputes
There are many myths regarding an unmarried partner’s rights on separation. Contrary to popular belief, there is no such thing as a common-law marriage. This means the law does not currently allow unmarried partners on separation to make financial claims in the same way as a married partner can, even if they have been cohabiting.
The only rights that cohabitants have relate to ownership of property (decided with reference to property and trust law) and financial claims on behalf of any children of the family (including maintenance claims).
We will meet you and discuss your concerns and your goals to advise you on all of the options available to you. Our lawyers are experienced negotiators, but they will equally support you through contested court proceedings when litigation is necessary.
This area of law often requires consideration of trusts and property law and can involve detailed evidence relating to:
- Financing
- Common intentions
- The relationship history.
It is important to set out a clear strategy from the outset to ensure your best interests are represented. We work collaboratively with our colleagues in both the real estate and private client teams to decide the best strategy to pursue for your case having carefully considered the facts.
Unmarried Property Disputes
Many unmarried couples own the property in which they live jointly, and some decide to renovate second properties as a joint venture. Separating can make many couples uncertain of their rights and potential interests in property when untangling the rights of unmarried partners.
Both financial and non-financial contributions to a relationship and a property can be relevant. Amidst the emotions of a relationship breakdown, it is vital that you have a clear understanding of the law and the options available to you.
Financial Provision for Children Taken Care of With Us
If you are unmarried but have children together, the court has powers under Schedule 1 Children Act 1989 in respect of ordering housing (depending on affordability). The court can also order top-up maintenance if the paying party (non-resident parent) has gross income in excess of £156,000 per annum.
Children Disputes
If you have children together your rights and responsibilities as parents remain the same as it is for married couples. Decisions such as the children’s living arrangements, how they will spend their time, and which schools they should attend equally apply to both parents.
McAlister Family Law is home to one of the most experienced children law teams in the country. Our senior lawyers all boast the Law Society’s Children Accreditation and will be able to discuss with you a plan to ensure that your children have a full and fruitful relationship with both parents.
Reach out to Our Expert Unmarried Team
If you need help with your unmarried dispute, you’ve come to the right place. Our team of family lawyers has years of experience in unmarried disputes so you can trust you’re in the best hands.
To chat with our team, phone us on 0333 202 6433 or send us an email at [email protected].
