Unmarried Couples and Cohabitants

Family Services

Despite commonly held misconceptions, there is no such thing in law as a 'common law' husband or wife. Either you are married in which case you will be subject to matrimonial law found both in statute and in case law, or you are not married in which case your rights will generally be more complex being governed by the law of property, Equity and Trusts.

In relation to children, unmarried fathers can have different rights to those of married fathers. These distinctions can have real legal effects and you should therefore ensure that you are aware of the position.

Being unmarried may mean that you do not hold Parental Responsibility for your children, you would not then have legal recognition as their father. 

Unmarried fathers (and in some cases mothers) may also be subject to applications for financial provision under Schedule 1 of the Children Act 1989.

Where unmarried couples own property together and where a dispute arises over the ownership or entitlement to the property, then this is governed by the law of property, and in particular the Trusts for Land and Appointment of Trustees Act 1996. This area of law is also governed by a wealth of case law, as the courts have grappled with interpretation of the law in modern times.

Whilst we continue to actively support changes to the law we currently have the knowledge and expertise to advise on these complex cases, where necessary by commencing or defending applications through the courts.