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Unmarried Couples and Cohabitation

Q: Is there such a thing as a common law marriage?

No. Common law marriage is a widely used term, but it has no legal status in England and Wales.

Legal Services › Family Law › Financial Settlements

Understanding your position when a relationship ends

When an unmarried couple separates, the legal position can be very different from what many people expect.

There is a widespread belief that living together for a number of years creates similar rights to marriage. In England and Wales, this is not the case.

There is no such thing as a “common law marriage”, and no automatic right to spousal maintenance between unmarried partners.

This often only becomes clear at the point of separation, particularly where one person has made financial contributions, stepped back from work, or taken on primary care of children.

At Eddison Cogan Lawyers, we help individuals understand their position at the point a relationship ends, and take practical steps to protect their interests moving forward.

What happens when unmarried couples separate

When a married couple separates, there is a structured legal process for resolving finances.

When unmarried couples separate, there is no equivalent framework.

Instead:

There is no automatic right to share assets
There is no general claim for financial support between partners
Property and finances are dealt with under different areas of law

This can lead to outcomes that feel unexpected or, in some cases, unfair.

Understanding this at an early stage of separation is important in deciding what steps to take next.

How this differs from marriage or civil partnership

If you are married or in a civil partnership, the court has broad powers to divide assets based on fairness and future needs. This can include ongoing financial support, known in England and Wales as spousal maintenance.

If you are not married, the court does not approach matters in the same way.

Disputes are usually determined by:

Property law
Trust law
In some cases, limited claims relating to children

The focus is often on legal ownership and evidence, rather than overall fairness.

Financial support between unmarried partners

In some countries, financial support following separation is referred to as “alimony” or “palimony”.

In England and Wales, the closest equivalent term is spousal maintenance, but this only applies to married couples or civil partners.

There is no equivalent form of financial support available between unmarried partners.

This means:

One partner cannot usually claim ongoing financial support from the other after separation
There is no general right to maintenance based on the relationship itself
The court does not redistribute income or assets in the same way as it does on divorce
This can be a significant and unexpected difference, particularly for those familiar with other legal systems.

Common situations arising on separation

We regularly assist clients who are separating and facing:

Disputes over who owns the family home
One partner remaining in the property while the other moves out
Questions about whether the property should be sold
Disagreement about how sale proceeds should be divided
Situations where one person is not named on the title but has contributed
Financial imbalance after long-term cohabitation

These issues often need to be addressed promptly once separation occurs, particularly where housing is concerned.

Property and financial issues after separation

For unmarried couples, property is often the central issue following separation.

Key questions include:

Who is the legal owner of the property
Whether there is a shared beneficial interest
What each person has contributed financially
Whether there was a shared understanding about ownership

In some cases, it may be possible to bring a claim to establish an interest in a property or to determine how it should be divided.

These cases are detailed and fact-specific, and early advice can make a significant difference.

Children and financial support after separation

If you have children together, separation raises additional considerations.

While there is no general financial claim between unmarried partners, a parent may be able to seek financial provision for a child.

This can include:

Housing arrangements for the child
Financial support linked to the child’s needs

These claims operate under a different legal framework and are separate from property disputes.

Practical steps at the point of separation

If you are separating from a partner you live with, it is often helpful to consider:

Your immediate housing position
Whether you should remain in or leave the property
What financial arrangements need to be addressed
What evidence exists of financial contributions or agreements
Whether discussions can take place constructively or require formal legal steps

Taking early, measured steps can help avoid positions becoming more difficult to resolve later.

Where mediation can assist

Because unmarried couples do not have the same legal framework to guide financial outcomes, many decisions following separation need to be worked through directly between the parties.

Mediation can provide a structured and constructive way to do this.

It allows both individuals to:

Discuss arrangements in a neutral, supported setting
Explore practical solutions around property, finances, and children
Reach agreements that reflect their particular circumstances
Avoid unnecessary escalation or cost where possible

This can be particularly helpful where there is no clear legal entitlement, but both parties recognise the need to reach a fair and workable outcome.

When mediation may be appropriate

Mediation may be suitable where:

Both individuals are willing to engage in discussion
There is a shared interest in reaching a practical resolution
The situation involves ongoing arrangements, such as children or shared property
There is uncertainty about what a fair outcome should look like

It is not always appropriate in every case, particularly where there is a significant imbalance or where urgent legal intervention is required.

A balanced approach

In some situations, mediation can sit alongside legal advice.

Understanding your legal position first can help you approach discussions with greater clarity and confidence, while mediation can assist in reaching a resolution that works in practice.

A steady and practical approach

Separation for unmarried couples can feel particularly uncertain because the legal position is not always intuitive.

Our role is to:

Clarify your position at the point of separation
Identify realistic options
Support constructive resolution where possible
Take firm legal steps where needed

The aim is to provide clarity and direction at a time when both are often in short supply.

Questions people often ask

Do unmarried couples have the same rights as married couples?

No. In England and Wales, unmarried couples do not have the same legal rights as married couples or civil partners, even if they have lived together for many years.

Is there such a thing as a common law marriage?

No. “Common law marriage” is a widely used term, but it has no legal status in England and Wales.

Can I claim financial support from my partner after separation?

In most cases, no. There is no equivalent to spousal maintenance for unmarried couples, and one partner cannot usually claim ongoing financial support from the other.

What rights do I have if my name is not on the property?

You may still be able to establish an interest in the property depending on your financial contributions and the circumstances. These cases are fact-specific and require careful assessment.

Can I make a claim if we have children together?

Yes, in some circumstances. A parent may be able to seek financial provision for a child, including housing arrangements, but this is separate from claims between partners.

Discussing your situation

If you are separating from a partner you live with and are unsure where you stand legally, it can be helpful to understand your position at an early stage.

Eddison Cogan Lawyers provides clear, structured guidance to help you make informed decisions about what to do next.

Related areas you may wish to explore:

› Divorce and Separation

› Child Arrangements

› Mediation services