Unmarried Couples FAQs
Below are a list of frequently asked questions about family law and divorce. Click a question to show the answer.
If your question isn't answered here complete our Question Form or book an initial free appointment with one of our lawyers.
Unmarried Couples
Q. How will our children be effected?
A. The biggest issue from your children’s perspective is that all of a sudden, they may be faced with seeing a lot less of Mummy or Daddy, and it can be hard for them to adjust. It is sensible, if possible, to try and establish a regular routine of contact with your children and your ex, so that everyone knows what to expect when. It can be helpful to colour in sections of the calendar as “Mum time” and “Dad time” so that everyone knows where they stand. If the relationship has completely broken down to the point where this not possible, you can issue court proceedings to decide where the child will live, how often and where they will see the non-resident parent. You can also ask the court to make orders on specific issues where necessary. Financial support is another issue that may impact on your children, following the breakdown of your relationship. Many people believe that the amount of maintenance they have to pay is linked to how often they get to see their child and if they do not have any contact, they do not have to pay maintenance. This is not the case. Child maintenance for unmarried couples is usually dealt with by the Child Support Agency, and the minimum that the non-resident parent will be expected to pay will be in accordance with the CSA’s guidelines.
Q. Will I get maintenance?
A. At the moment, you will only get maintenance for the benefit of your children with the partner you are splitting from. The law in England and Wales does not currently recognise the concept of a “common law” husband or wife, contrary to popular belief. However, watch this space as the Law Commission is considering reforming the law in this area.
Q. What are my rights if we separate?
A. Contrary to popular belief, there is no such thing as a “common law” spouse, and the laws protecting co-habiting couples are not as comprehensive as matrimonial laws. That means there are few automatic rights for cohabiting couples. The following would need to be taken into account in terms of understanding your rights in relation to property, assets and any children in the relationship: Property – is your name are on the deeds to the property? If yes then you will have some rights. If not there are some circumstances which may allow you to claim an interest in or possibly a right to occupy your former partner’s home, for example if you have paid money towards it, or if it has been occupied by you as a home for the children of the family. This is a complicated area of law and it is very important you take professional advice. Join Assets – who purchased the asset (for example a car, large item of furniture or expensive painting or ornament)? Children – a mother automatically has parental responsibility for her children, meaning she has rights and responsibilities in relation to where they live, go to school etc. Unmarried fathers will only automatically have any rights in particular circumstances. These are detailed in the Parental Responsibility section of this site.
|