Legal Advice for Unmarried Couples

Expert legal services for unmarried couples

Why choose us?

- Free initial telephone consultation
- Fixed fees available in certain circumstances
- Solicitors handling your case
- Regular updates and communication

Unmarried couples and cohabitation rights in the UK

Many couples live together for years, share a home, raise children and build a life without ever getting married or entering a civil partnership. It feels like a commitment in every meaningful sense.

Legally, though, it’s very different.

There is no such thing as “common law marriage” in England and Wales. Living together, no matter how long, does not automatically give you the same rights as a spouse. That gap can be shocking and painful if a relationship breaks down or a partner dies.

Our family law team advises unmarried couples on how to protect themselves, their home and their children—before problems arise and when they already have.

Why the “common law marriage” myth is dangerous

Many people believe that after a certain number of years living together, they gain rights similar to a married couple. That is simply not the case.

Key points:

No automatic financial claims: You do not gain the same rights to maintenance, pensions or a share of assets on separation as a spouse would.
Property rights are not based on the relationship: Your rights usually depend on whose name is on the legal title or what you can prove you contributed, not on the fact you lived together.
On death, you may inherit nothing automatically: Without a valid will, an unmarried partner is not an automatic beneficiary under the intestacy rules.
Children do not “create” partner rights: Having children together affects child arrangements and child maintenance, but it does not give you spousal-style rights against each other.

Understanding this early allows you to plan, rather than relying on assumptions that the law simply does not support.

Living together: what the law actually looks at

Property and the family home

For unmarried couples, the starting point is ownership, not the relationship.

Legal owner: If the home is in one partner’s sole name, the other may have no automatic right to stay or share in the value.
Joint ownership: If you own as joint tenants, you usually own the whole property together and the survivor automatically inherits the other’s share. This means that the property falls outside of any will. If you own as tenants in common, you can specify the share each of you own, and this share can then be left by will.
Contributions and “beneficial interests”: In some cases, a partner who is not on the title can claim a share if they can show a common intention and contributions (for example, towards the purchase price or mortgage). These claims are complex, stressful and expensive.

We can:

Review how your home is owned
Advise on changing ownership or recording shares
Help resolve disputes if you separate

Finances, debts and day‑to‑day life

Separate finances: Each partner generally keeps what is in their own name—bank accounts, savings, investments and personal belongings.
Joint accounts and debts: If you have joint accounts or loans, you are usually jointly and severally liable—the lender can pursue either of you for the full amount.
Household bills: Responsibility depends on whose name is on the contract, unless you agree otherwise.

We can help you put clear agreements in place so that both of you know where you stand.

Children of unmarried couples

Your legal position as parents does not depend on whether you are married, but some details matter:

Parental responsibility: The birth mother automatically has parental responsibility. An unmarried father usually has it if he is named on the birth certificate or if it is granted by agreement or court order.
Child arrangements: Where children live and how much time they spend with each parent is decided based on their best interests, not the parents’ marital status.
Child maintenance: Both parents have a legal duty to support their children financially, regardless of whether they ever lived together or married.

We advise on:

Parental responsibility
Child arrangements (formerly referred to as residence and contact)
Child maintenance and financial support for children

If one of you dies

If you are not married or in a civil partnership:

No automatic inheritance: Your partner will not automatically inherit your estate under the intestacy rules, even if you have lived together for decades.
Home at risk: If the home is in your partner’s sole name, you may have no right to remain there long‑term.
Pensions and death‑in‑service benefits: Some schemes allow nomination of an unmarried partner, but this is not guaranteed and must be checked and properly completed.

We strongly recommend:

Making or updating a will
Reviewing pension nominations and death‑in‑service benefits
Considering life insurance to protect your partner and children

How unmarried couples can protect themselves

You are not powerless. With the right planning, you can create clarity and security.

Cohabitation agreements

A cohabitation agreement (also called a living together agreement) is a written contract between you and your partner that can cover:

Who owns what now and how it will be treated
How bills, mortgage/rent and household expenses are shared
What happens to the home and other assets if you separate
How debts will be dealt with
Arrangements for contents, pets and vehicles

A well‑drafted agreement:

Reduces uncertainty and conflict
Can save significant legal costs later
Helps you have honest conversations about money and expectations

We draft bespoke cohabitation agreements tailored to your circumstances and future plans.

Declarations of trust for property

If you are buying a property together—or one of you is moving into a home owned by the other—a declaration of trust can:

Record who owns what share of the property
Reflect unequal contributions to the deposit or mortgage
Set out what happens if the property is sold or one partner wants to move out

This document sits alongside the legal title and can be crucial evidence if there is ever a dispute.

Wills and estate planning

For unmarried couples, a will is not a luxury—it is essential.

We can:

Draft wills that protect your partner and children
Advise on inheritance tax implications for unmarried couples
Coordinate your wills with property ownership, life insurance and pension nominations

Separation for unmarried couples

When an unmarried relationship ends, there is no “divorce” process—but there are still important legal issues to resolve.

We advise on:

Who stays in or sells the home
Division of equity where property is jointly owned or disputed
Financial claims relating to children
Child arrangements (where children live, time with each parent, holidays, schooling)
Protecting yourself from harassment or abuse, where relevant

Our approach is to:

Focus on practical, realistic outcomes
Encourage negotiation and alternative dispute resolution where possible
Represent you robustly in court if needed

When you should speak to a solicitor

It’s wise to get legal advice if:

You are moving in together or buying a property as an unmarried couple
One of you is paying more towards the deposit, mortgage or renovations
You are having a child together
You want to change how the home is owned or protect a contribution from family
You are separating or thinking about it
A partner has died and you are unsure of your rights

The earlier you speak to a solicitor, the more options you usually have and the easier it is to avoid costly disputes later.

How our firm can help you from our office in Salford

We offer clear, practical advice for unmarried couples, including:

Cohabitation agreements
Declarations of trust and advice on property ownership
Wills and estate planning for cohabiting partners
Advice on separation, property and financial disputes
Children law advice, including parental responsibility and child arrangements

Our family law team understands that these conversations are personal and often emotional. We combine technical expertise with a straightforward, down‑to‑earth approach so you know exactly where you stand and what your options are.

Contact Our Unmarried Couples Solicitors

Living together without being married can bring many of the same practical, financial and family issues as marriage, but the legal position is often very different. Whether you want advice on protecting your home, putting a cohabitation agreement in place, clarifying property ownership, planning for the future or dealing with the breakdown of a relationship, our solicitors provide clear, practical guidance tailored to the realities of modern family life.

With offices in Swinton and Nelson, we support unmarried couples across Greater Manchester, Lancashire and the wider North West, combining approachable advice with strong experience across family law, property-related disputes and private client planning. We understand that many people are unaware of how limited the legal protections can be for cohabiting couples, and we focus on giving straightforward advice that helps you make informed decisions before problems arise or resolve matters constructively if they already have.

Our team regularly advises unmarried couples on a wide range of issues, including cohabitation agreements, declarations of trust, property disputes, arrangements for children and steps to protect a partner’s position in the event of death. From the outset, we take time to understand your circumstances, explain where you stand legally and help you put the right protections in place with advice that is both realistic and easy to follow.

As a specialist family law firm, we are trusted by individuals and couples who want responsive service, sensible advice and support that reflects both the legal and personal aspects of living together without marriage. We regularly assist clients across Greater Manchester and Lancashire, including Salford, Manchester, Stockport, Rochdale, Oldham, Burnley and Nelson, as well as clients elsewhere in England and Wales seeking dependable legal advice at competitive regional rates.

Wherever you are based, we provide thoughtful and well-rounded support to help you protect your interests, reduce uncertainty and move forward with greater confidence.

To speak with a member of our team at Pinnington Law, call us on 0161 938 7006 or complete the form below and we will be in touch.

Get in touch

If you are living with your partner, planning to move in together, or facing a separation, getting tailored legal advice now can make a real difference to your future.

Contact us today to arrange an initial discussion with one of our family law specialists.
Call us for expert advice on 0161 938 7006 or email us at: pinningtonlaw@farnworthrose.co.uk

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