What happens to our home if we separate and we are not married?

This depends on whose name the property is in and what financial contributions each of you has made. If only one of you is on the mortgage or title deeds, the other person may still have a legal claim, but it is not guaranteed. We can look at your specific situation and advise you on whether a claim is likely to succeed.

What should I do right now if I am worried about my situation as an unmarried partner?

The best first step is to speak to a solicitor. Many people wait too long and find that delays make it harder to resolve issues. Call us on 01908 693000 for an initial conversation, and we will tell you honestly about your options.

How much does it cost to get legal advice for unmarried couples?

The overall cost will depend on factors such as the complexity of your matter and the solicitor handling your case. Please visit our pricing page at https://www.purcellsolicitors.co.uk/pricing/ for more details.

Divorce Financial Settlements Solicitors in Milton Keynes

Q: Do I have any legal rights if we split up and we are not married?

Unmarried couples do not have the same rights as married couples when they separate. You are not automatically entitled to a share of your partner's property, savings, or income, regardless of how long you have been together. What you may be able to claim depends on what you each own and how it is owned, what financial contributions you have made, and whether any agreements are in place. The sooner you take advice, the clearer your position will be.

Q: What is a common law marriage?

Common law marriage is a myth in England and Wales. There is no such legal status. Living together for months or years does not give you the same rights as being married. Many people do not realise this until they are already in a difficult situation, which is why taking early advice is so important.

Q: Can I get financial support from my ex-partner if we were not married?

You cannot claim maintenance for yourself from an unmarried partner in the same way as you could on divorce. However, if you have children together, you may be entitled to financial support for them beyond what the Child Maintenance Service provides, depending on your ex-partner's financial circumstances. We can advise you on whether that applies to your situation.

Q: Do I need a Cohabitation Agreement?

You are not required to have one, but it can make a significant difference if things go wrong. A Cohabitation Agreement sets out how you each own property, how you share bills and finances, and what happens if you separate. Without one, disputes are harder to resolve and more costly. Having one in place from the start gives both of you peace of mind.

Q: Can I make a claim in court if I am not married?

Yes, though not personal claims through the Family Court as in a divorce. Property disputes between unmarried couples are dealt with through the civil courts. If you have children there may be other claims that can be brought through the family court, such as Schedule 1 claims. We can advise you on whether a court claim is the right route for your circumstances and what the process would involve.

Jump to: How We Can Help Why Us? What We Can Offer Our expertise Frequently Asked Questions

Couple reviewing and signing a cohabitation agreement at home with legal documents

“After a poor experience with a previous solicitor, I was very impressed with the professional set up at Purcell Solicitors. Lisa is extremely well organised with meticulous attention to detail. Her legal knowledge is extensive and always accurate, she prepares reports and documentation in a timely manner and has always kept me updated on a regular basis, by phone and by email. Her approach is always empathetic, with a very good awareness and understanding of the stress and pressures on me, whilst involved in the divorce process. When I needed to consult a barrister, she made an excellent recommendation. At times she had to tell me things that perhaps I didn’t want to hear, but she did it in a clear, thoughtful and supportive way. I had complete trust in her professionalism, her advice and her way of working, as I knew she had my best interests at heart. I can certainly recommend Lisa as a family lawyer.” – Review Solicitors

How we can help

If you and your partner are not married and you need legal advice, our Solicitors, who have over 25 years of experience in family law, can help.

Many couples live together without getting married and never think they need a solicitor. Then something changes: the relationship breaks down, and when that happens, it often comes as a shock to discover how little legal protection unmarried couples actually have.

There is no such thing as a common law marriage in England and Wales. It does not matter how long you have lived together. An unmarried couple do not have the same rights as a married couple. This means that if things go wrong, and without a formal legal agreement in place, you could find yourself in significant difficulties.

Unmarried couples Solicitors Milton Keynes

At Purcell Solicitors, we advise couples across Milton Keynes, Buckinghamshire, Northamptonshire, Bedfordshire, Oxfordshire, and the wider Thames Valley. Our team are highly ranked in Chambers and Partners for family and divorce law, and all of our solicitors are Resolution members committed to helping you reach sensible, fair agreements in a non-confrontational manner.

Whether you want to protect yourselves before you move in together or you are already dealing with a difficult situation, we are here to help you understand your options and find the best way forward.

Why Us?

Why Purcell Solicitors?

We know that if you are reading this, you are probably going through something stressful. You may be worried about your home, your children, or your financial future. Our team will take the time to listen, explain things clearly, and give you honest advice on your options.

Recognised as a Band 2 Leading Firm in Chambers and Partners, our team of highly experienced solicitors, mediators and arbitrators has guided many unmarried couples through complex legal matters for over 20 years. This ranking reflects not just our legal expertise but our proven track record in securing the best possible outcomes for clients.

If you are an unmarried couple seeking legal advice, or you are facing a separation and are unsure where you stand, we would be glad to help.

Get in touch today to discuss your situation in complete confidence.

Phone: +44 (0)1908 693000 or complete our online contact form.

Unmarried couple standing outside their shared home considering their property rights on separation

What we can offer

Our unmarried couples legal services

Our unmarried couple solicitors in Milton Keynes will work with you and advise you in relation to:

Unmarried couples legal advice UK – explaining your legal rights as an unmarried couple in plain, straightforward terms.
Cohabitation rights UK
Drafting a Cohabitation Agreement so both of you know where you stand if the relationship ends.
Unmarried couple property rights – Advising on who owns what when there is a dispute about a shared property.
Bringing or defending a legal claim about property ownership through the courts.
Advising on financial support for your children if you separate.
Helping you put a Separation Agreement in place so you can both move forward with certainty.
Advising on child arrangements and parental responsibility after a relationship ends.

Our-Expertise

Who we are

Our core unmarried couples legal team is made up of

Pauline Purcell, Managing Director, Family Solicitor, Mediator, Collaborative Lawyer and Family Arbitrator, with over 30 years of experience.

Mandi Austin, Director, Family Law Solicitor, a member of Resolution and an accredited specialist on the Law Society Family Law Panel, with over 25 years of experience in family law as a qualified solicitor.

Lisa Buckridge, Director, Family Law Solicitor, Collaborative Lawyer, Family Mediation Council-accredited Mediator, and fully accredited in Child Inclusive Mediation, with over 20 years of experience in family law

Haidee French – Family Law Solicitor, a Member of Resolution and an accredited specialist on the Law Society Family Law Panel with over 12 years of experience in family law

Stephanie Dodman, Family Law Solicitor, member of Resolution.

Chantelle Pusey, Trainee Solicitor