Cohabiting Couples & Unmarried Financial Support for Children
Cohabiting partners in the UK do not have the same legal rights and protections as married couples, which can lead to issues if the relationship ends.
What happens to property if the relationship ends?
If a couple buys a home together, how the ownership of the property is recorded at Land Registry impacts what happens if they break up. If both names are on the deed, they generally share ownership equally, though some exceptions do apply. However, if the property is owned in the sole name of one person, that person is usually considered the owner unless the other partner can prove they have made significant contributions, either financially or in other ways, or it had always been the parties’ intention that the other partner would have an interest in the property.
Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)
When parties cannot agree on their respective rights or interests in a property, one party can apply to the court under Section 14 of TOLATA for an order to determine the nature and extent of each party's interest in the property. The court can make various orders, such as declaring each party's share, ordering the sale of the property, or deciding how the proceeds should be distributed.
What other financial relief is available?
Unlike married couples, cohabiting partners in the UK do not have a legal duty to support each other financially. This means that if one partner is financially dependent on the other, they do not have a right to financial support if the relationship ends. Cohabiting partners also do not have automatic rights to each other's pensions or inheritance unless specified in a will.
What about financial support for your children?
Under Schedule 1 of the Children Act 1989, unmarried parents in the UK can make applications to the court for financial provision for their children. Applications under Schedule 1 can include requests for maintenance payments, lump sum payments, or property transfers to provide a home for the child.
The court will consider various factors when determining these applications, such as the financial needs of the child, the income and financial resources of both parents, and the standard of living the child would have enjoyed if the parents were living together. The goal is to ensure that the child's financial needs are met, regardless of the parents' marital status.
What is Child Maintenance?
Child maintenance is financial support provided by a non-resident parent to help cover the living costs of their child or children. It ensures that both parents contribute to their child's upbringing, even if they are no longer together. The amount of child maintenance is calculated based on the paying parent's gross income, the number of children needing support, and the number of nights the child spends with the paying parent.
The Child Maintenance Service (CMS) uses a set formula to determine the amount payable, considering factors like additional children from other relationships and certain allowable expenses. Maintenance payments are typically made on a regular basis and are intended to cover essentials such as housing, food, and clothing for the child.
How Can Lawson West Help You?
The firm provides caring and supportive legal advice to families with matters ranging from pre-nuptials, divorces (including ex-pat divorces in foreign jurisdictions), separation, relationships, child care, parents and grandparents rights.
How to Contact Us
If you do need to talk through your personal relationship circumstances with someone who's completely independent and unbiased, please do talk to us. We're here to help and advise you and help you through the personal problems you face. You can rely on our experience, expertise and emotional support to put you on the right course of action, a path that's totally right for you.
