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How to use cohabitation breakdown legal support
When ending a relationship with a cohabiting partner, there are certain measures that should be taken with the support of a legal service provider. This is to mediate matters such as custody and finances.
Things can get complicated when a relationship ends between a couple who are unmarried and were not in a civil partnership, as your legal rights are more limited. However, with the right expert legal service provider, the separation can be carried out smoothly.
In terms of property, the burden of proof is on the claimant. A solicitor can help the claimant establish your contributions towards mortgage repayments or financial contributions towards the home. Payments towards improving the property are often considered significant proof of contribution.
When it comes to children from the relationship, there is no right to property maintenance for a primary carer, as there would be with an ending marriage or civil partnership. If a parent’s name is not listed on the child’s birth certificate, they’ll not be granted any automatic parental responsibility and no right to any major decisions in the child’s upbringing. Parental responsibility can, however, be acquired through a court order.
Your solicitor would be able to guide you through the processes to ensure that the separation ends as amicably as possible, with each person feeling they have received a fair settlement.
Ending a cohabitation relationship
If you and your ex-partner decide to separate legally, a legal firm will be able to draw up the necessary agreements, support financial disputes, and mediate any child custody related matters. Whilst it may not seem necessary to do this if you aren't in a legally binding relationship, if you are concerned about the shared assets, or any children, it's worth speaking with a legal expert.
Ending a civil partnership
Ending a civil partnership is a legal process. If you want to dissolve your civil partnership, you need to have been in the partnership for over a year. You will need to decide how to separate assets, money or deal with childcare arrangements. If you don't want to wait for a year to pass, you can get a legal separation within the first year of your partnership.
Frequently asked questions
What are you entitled to when cohabiting?
Unmarried partners or those without a civil partnership do not have many rights when it comes to finances, property, or children. It would be wise to put a will or cohabitation agreement together with the help of an expert legal advisor to outline any stipulations you want in a cohabiting relationship.
Those on birth certificates of any children from the relationship retain parental responsibility, but partners of those on the title deed of a property are not automatically entitled to the home or assets. You need to prove that you have paid into the property, in the form of a mortgage or home improvements.
What happens when cohabiting couples split?
When cohabiting couples split up, there is not necessarily any financial responsibility shared. There will be no legal reason for you to provide your ex-partner with financial support unless a child is involved. Shared assets make things a bit more complex, especially if there is no agreement around things like property. Similarly, co-owning a business as an asset may be something you want a legal expert to help you with.
What happens to the children when unmarried couples split?
In England and Wales, legal parents are required to financially support their children through the Child Maintenance Service government scheme. Whoever is written as a parent on the birth certificate will automatically have parental responsibility for the child. Any maintenance and custody agreements can be decided with the help of a mediation or court proceedings.
Is a cohabiting partner entitled to half my assets?
No, if one ex-partner owns the shared property, they’ll have the rights to it. However, if the other has made significant financial contributions to the property, they can claim an interest in the home, also known as a ‘trust’. This would mean that the original homeowner would not automatically be placed in a better position than their ex-partner.
We would advise seeking legal advice early to support in this process.
How do I choose a great solicitor during a cohabitation breakdown?
Breakups are complicated, whether you're married to your partner or not. When it comes to shared assets, businesses, property and children, you want to feel confident that you've got an expert on your side. We recommend checking a legal firm's experience and asking for examples. You'll also want to check reviews online, and spend some time speaking to your potential solicitor, to see if they offer everything you expect. Talk through your expectations - do you need someone who is always available, or are you happy for them to only feedback if there's a development? Have a look at our guide on choosing a solicitor.
