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