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Cohabitation Solicitors for Unmarried Couples

Our specialist cohabitation solicitors provide practical legal advice for unmarried couples. Whether you are moving in together, separating from a partner, dealing with a property dispute or need advice about financial provision for children, our team can help protect your interests and find a solution.

 

We advise clients on cohabitation agreements, cohabitation disputes, living together agreements, unmarried separation, property ownership disputes and financial claims involving children. We offer a free 30-minute consultation and clear fixed-fee options wherever possible.

 

 

How Our Cohabitation Solicitors Can Help

Many people believe in the myth of the “common law spouse,” but the truth is that cohabiting couples have very limited rights under UK law. Regardless of how long you’ve lived together, you do not automatically gain financial or property rights. This can lead to serious issues if:

  • You own a home together
  • You share finances or assets
  • You have children
  • One partner is financially dependent on the other

Without a formal agreement, disputes can become costly and stressful. Our cohabitation solicitors can help you avoid these problems. Learn more on Unmarried Couples Rights.

Our cohabitation solicitors have extensive experience in addressing disagreements concerning the ownership of property, child arrangements and assets. Our family law team can advise you on your rights and entitlements, guiding you towards a fair outcome via negotiations with your former partner where possible. We can also work with you to build a strong case for court proceedings where negotiation is not successful. However, we will always explore amicable solutions first, placing the welfare of children as the main priority.

 

Financial Settlements for Unmarried Couples

When an unmarried relationship ends, disagreements can arise over the family home, jointly owned assets, financial contributions and provision for children. Unlike divorce, there is no automatic entitlement to a 50/50 division of assets or spousal maintenance simply because you have lived together.

Our cohabitation dispute solicitors can assess your individual circumstances; explain what claims may be available and help you work towards a practical financial settlement. Where possible, we will seek to resolve matters through negotiation or mediation. If an agreement cannot be reached, we can advise you about court proceedings and represent you throughout your case.

Financial disputes following an unmarried separation generally involve:

  • Property owned jointly by both partners
  • A home held in one partner’s sole name
  • Disagreements about ownership shares
  • Contributions towards a deposit or mortgage
  • The sale or transfer of a jointly owned property
  • Joint savings, debts and other financial commitments
  • Financial provision to meet a child’s needs

Our cohabitation solicitors can assess your circumstances, explain the options available and help you work towards a practical and cost-effective resolution. We offer a free 30-minute consultation and fixed-fee services wherever appropriate.

 

Property and Ownership Disputes

Property disputes between unmarried couples are generally dealt with under property and trust law rather than the financial rules used during divorce. Claims may be made under the Trusts of Land and Appointment of Trustees Act 1996, commonly known as TOLATA.

A TOLATA claim may be relevant where the ownership of a home is disputed, one partner says that the registered ownership does not reflect the intended shares, or a jointly owned property cannot be sold because the former partners disagree.

Our cohabitation solicitors can examine relevant evidence, including how the property is legally owned, contributions towards the deposit or mortgage, written agreements and discussions about ownership. We can then advise whether you may have a beneficial interest in the property and help pursue or defend a claim where appropriate.

 

Financial Provision for Children

Where unmarried parents separate, it may be possible to seek financial provision for a child under Schedule 1 of the Children Act 1989. Depending on the circumstances, this can include provision relating to housing, lump-sum payments and other expenses for the child.

These claims are made for the benefit of the child and are separate from disputes about ownership of the family home. Our family law solicitors can advise on the options available and help negotiate or pursue appropriate financial provision.

TOLATA is generally used to address property ownership disputes, while Schedule 1 of the Children Act 1989 concerns financial provision for children.

 

Resolving an Unmarried Couples Financial Dispute

We will always explore whether an agreement can be reached without court proceedings. Our cohabitation solicitors can:

  • Explain your legal position
  • Review property and financial evidence
  • Communicate and negotiate with your former partner
  • Help record an agreed financial settlement
  • Support you through mediation
  • Prepare or respond to a legal claim
  • Represent you during court proceedings where necessary

Book a free 30-minute consultation to discuss your circumstances and understand your options. We will provide clear information about costs, including whether a fixed-fee service is available for the work you require.


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Disputes Over Child Arrangements

When unmarried parents separate, disagreements can sometimes arise about where a child should live, how much time they should spend with each parent, schooling, holidays and other important decisions. Child arrangements are separate from the relationship between the parents, and both parents may still have legal rights and responsibilities towards their children regardless of their marital status.

Our cohabitation solicitors provide practical advice to help parents resolve child arrangement disputes as quickly and amicably as possible. Wherever appropriate, we encourage discussion, negotiation and alternative dispute resolution to help parents reach an agreement without unnecessary conflict.

We regularly assist unmarried parents with matters including:

  • Child arrangements (previously known as child custody)
  • Parental responsibility
  • Child maintenance
  • Schooling disputes
  • Relocation and holiday disputes
  • Arrangements involving grandparents and wider family members

 

Cohabitation Agreements (Living Together Agreements)

A cohabitation agreement, sometimes called a living together agreement, can record how property, household expenses, debts and other financial responsibilities will be managed during a relationship and what should happen if you separate.

A cohabitation agreement protects your interests before problems arise. It covers:

  • Ownership of property and assets
  • How bills and household expenses are shared
  • Financial arrangements if you separate
  • Provisions for children
  • What happens to jointly owned items

Unlike married couples, cohabiting partners have no automatic legal rights over property, finances, or inheritance. This means:

  • If you split up, you could face disputes over who owns what.
  • One partner could be left financially vulnerable.
  • Without a will, your partner may not inherit anything.

Learn more on Cohabitation Agreements


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Unmarried Separation Advice

If your relationship has come to an end, it can be difficult to know where you stand financially and what steps to take next. Our cohabitation solicitors provide clear and practical advice to help unmarried couples move forward following separation.

Whether you are dealing with a dispute over the family home, financial commitments, child arrangements or jointly owned assets, we can assess your circumstances and explain the options available to you. Early legal advice can often help prevent disputes from escalating and may lead to a quicker and more cost-effective resolution.

 

Why Choose Howells Cohabitation Solicitors?

Our family law solicitors advise unmarried couples across Sheffield, Rotherham, Barnsley, London and nationwide. We provide straightforward advice, transparent pricing and practical solutions designed to resolve disputes quickly and cost-effectively.

  • Top-Rated Family Law Team– Accredited by Resolution and the Law Society, ranked in the Legal 500 as a tier-two law firm in Yorkshire.
  • Transparent Pricing– Fixed fees and competitive rates.
  • Nationwide Service– Offices in Sheffield, Rotherham, Barnsley, London, plus remote appointments.
  • Client Satisfaction– Rated 4.9/5 on Review Solicitors.
  • Free 30-minute consultation for all new clients
  • Remote appointments available
  • Flexible appointments at times that suit you
  • No jargon and everything explained in simple language

Contact us or call us on 0114 2235 807 to book your free appointment today.


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Our Cohabitation Solicitors Fees

Our family law team offer transparent and affordable prices to suit all financial circumstances. You will always be kept up to date with costs, and they offer fixed fees for most areas, so you are always in full control.

Find a full list of our fees here.

 

Cohabitation Advice

 

Unmarried Couples Frequently Asked Questions

Yes. Although unmarried couples do not have the same rights as married couples, financial claims can sometimes arise following separation. These commonly involve disputes over property ownership or financial provision for children. Our cohabitation solicitors can advise on your circumstances and help you pursue or defend a claim where appropriate.

Yes. Even if a property is owned in one partner’s sole name, you may still be able to make a claim depending on the circumstances. Our cohabitation solicitors can assess issues such as ownership, financial contributions and beneficial interests, explain your options and advise whether a legal claim may be available.

You are not legally required to instruct a family law solicitor, but obtaining legal advice can help you understand your position and avoid costly mistakes. Cohabitation disputes often involve property ownership, finances, children and disagreements about who is entitled to what after separation. A solicitor can advise on your rights, negotiate on your behalf and, where necessary, represent you in court.

A child’s mother usually has parental responsibility automatically. Whether another parent has parental responsibility will depend on factors including the child’s birth registration, the parents’ legal status and whether parental responsibility has been obtained through an agreement or court order. Our family law solicitors can advise on your individual position.

Not automatically nor is there an ability to pursue a general financial claim against them. If you separate any claim for financial provision must be based on needs of the children or in respect of property to seek a share based upon financial contribution and/or common intention as to ownership. Legal advice is essential to understand your position.

Unless there are children of the relationship, cohabiting couples have no general legal obligation to support each other financially during the relationship or after separation.

Yes. Our cohabitation solicitors can prepare tailored cohabitation agreements, also known as living together agreements, for unmarried couples. A cohabitation agreement can record arrangements relating to property, finances, household expenses, assets and what should happen if the relationship ends, helping to reduce the risk of future disputes. We offer a free 30-minute consultation to discuss your requirements and fixed-fee services where appropriate.

Cohabiting means living together as an unmarried couple. You may share property, possessions, and finances, or one partner may own assets individually. Cohabiting couples can have children together or from previous relationships. There is no legal status called “common law marriage” in the UK. Living together does not give you the same rights as marriage or civil partnership.

If you buy property together, you must decide whether to own it as Joint Tenants or Tenants in Common. Joint tenants own the property together, and the property normally passes automatically to the surviving owner if one owner dies. Tenants in common can hold defined shares and leave their respective share under a Will.

The best way is to create a cohabitation agreement. This sets out who owns what, who pays what, and what happens if you separate. A solicitor can draft the agreement carefully and help ensure the appropriate legal requirements and safeguards are followed. Find out more on What is a Cohabitation Agreement?

It is strongly recommended to use a cohabitation solicitor. DIY agreements may not meet legal requirements and could fail in court. A family law solicitor can prepare an agreement tailored to your circumstances and reduce the risk of it being challenged later.

It is likely to be upheld if properly drafted and signed. A solicitor can seek to ensure it meets the necessary standards to maximise the prospects of it being upheld. Find out more on What is a Cohabitation Agreement?

If the property is in one partner’s name, the other may have limited rights unless they can prove financial contribution or have a legal agreement. Seek advice immediately to protect your interests.

Unmarried partners do not automatically inherit if one dies without a will. Make a will or legal arrangements to protect your partner. Find out more on Common Law Partner Rights Explained

No. Spousal maintenance only applies to married couples or civil partners.

No such automatic rights exist although reform of the area is frequently considered by the government

Free Family Law Advice

Our family law team offer a free legal consultation to new clients. In your consultation you will get a good understanding of your legal position, a clear road map of your situation and an estimate of your costs. You can book an appointment by telephone, video call or in person, at a time that suits your needs.

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How can we help? Contact us today

Contact us on 0114 2235 807 and one of our advisors will be in touch to discuss your situation. We will take some initial information and if we can help, we will book you in for a consultation with a legal professional.

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The Howells Solicitors law team are compassionate, down-to-earth and professional, offering you the best expert advice. Get in touch with solicitors in Sheffield, Rotherham, and Barnsley to see how we can help. Fill in the form or give us a call at:

Our Cohabitation Solicitors

Our cohabitation solicitors have extensive experience advising unmarried couples on:

  • – Cohabitation agreements
  • – Living together agreements
  • – Property ownership disputes
  • – TOLATA claims
  • – Financial provision for children
  • – Child arrangements following separation
  • – Unmarried separation disputes

The team regularly assists clients who are separating after living together for many years and need advice regarding the family home, financial contributions, jointly owned assets and arrangements for children.

Cases are supervised by family law solicitor and director John Clegg and matrimonial law director Sharon Lockwood, both of whom have extensive experience dealing with complex family law matters.

Howells Solicitors is recognised by The Legal 500 for family law work in Yorkshire and are a tier-two family law firm. The team is noted for handling a wide range of family matters, including financial disputes, children’s cases and complex domestic abuse matters.

Family law director John Clegg is recognised for his expertise in family and matrimonial matters, while Sharon Lockwood is highly regarded for handling complex financial and children cases.

The family team includes Resolution-accredited solicitors and experienced advocates who regularly represent clients in family proceedings.

Client Feedback

The team rank number 2 in Sheffield, and number 1 in Rotherham and Barnsley on Review Solicitors with an average ranking of 4.9 out of 5 stars in reviews received and 99% of former clients confirm they would recommend the firm, which is a testament to the quality of advice they provide and their exceptional client care. The team are often praised for their professionalism, compassion, empathy, and kindness.

“Thank you so much for all you have done. I cannot speak highly enough of you & everyone I have met at Howells. I have already recommended Howells & yourself to the specialist teams I am now in contact with & will continue to do so.”

“I used Sharon Lockwood in my extremely messy and prolonged divorce case, and I cannot thank her enough. She was kind and caring at times when I was very distressed and at the same time both efficient and professional.”

“Sharon was exceptional from our first telephone call and throughout this process. Professional, supportive, knowledgeable, and very clear.”

“Many thanks again for your invaluable help, advice and your calm, approachable manner. It is very much appreciated!”

Professional Feedback

“A go to for complex children matters. Is thorough and deals with cases with a level of detail and knowledge that are truly impressive.  Has the detail of every aspect of the case at her fingertips. She is also sensitive and compassionate in her approach to clients, but quite capable of delivering difficult and realistic advice.”

“Sharon Lockwood is dedicated to seeking very practical solutions to financial cases. Tenacious but also very realistic at the same time”

John Clegg

Family Law

0114 249 6795
Sharon Lockwood

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Caroline Euinton

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Louise Ellis

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Ramandeep Kaur

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Wendy Bailey

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Colin Musgrave

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