Rachel Weldrake, Family Law Solicitor, Tayntons LLP, Gloucester on unmarried couples rights

7th February 2011 10:28

Tayntons LLP Family Law Specialist, Rachel Weldrake, confirms that people who live together but who are not married can virtually make no use of the system of law available to married couples.

With married couples the Courts have discretion to deal with financial issues in a way which creates a fair result for both spouses. Unmarried couples are much more vulnerable on the break up of the relationship or the death of one party. All the Courts can do is determine who owns the property and in what shares based upon actual contributions made and/or the couples’ intentions. It can be difficult to prove actual contributions and the parties’ original intentions can be forgotten.

If there are children of the relationship then relief may be available under Schedule 1 of the Children Act 1989. However, this relief is for the child rather than the parent.

Speaking to the Times in his first national newspaper interview since becoming the President of the Family Division in England and Wales last year, Sir Nicholas Wall, said "I am in favour of cohabitees having rights because of the injustice of the present situation. Women cohabitees, in particular, are severely disadvantaged by being unable to claim maintenance and having their property rights determined by the conventional laws of trusts."

He added: "If cohabitation has been short and the contribution minimal, judges would not be sympathetic to a claim." He said the courts would be more sympathetic to a claim for rights where a couple had lived together for a long time.

In 2007 the Law Commission called for new rights for unmarried couples but to date the government has not acted to bring about any changes to the current position.

Rachel Weldrake advises that there are ways in which unmarried couples can seek to minimise areas of dispute upon separation. It is possible for unmarried couples to enter into a Living Together Agreement covering the ownership of property, payment of mortgage and other outgoings, ownership of contents, liability for debts, ownership of bank accounts and other capital assets together with a mechanism to be invoked upon relationship breakdown.

A Declaration of Trust Deed [this is a document setting out the ownership of a property and defining each person’s interest in it] is essential in cases where property is owned in the sole name of one party or in the case of a jointly owned property if the parties wish to own the property in different shares, for example, to take account of differing contributions. 

It is also important for unmarried couples to make wills.

For advice on all family matters including the rights of unmarried couples contact Rachel Weldrake, a member of Resolution and the Law Society’s accredited Family Law Panel on 01452 509878 or rachel.weldrake@tayntons.co.uk

For advice on all Wills, Trusts and Probate matters contact  Tristan Lewis on 01452 509094, tristan.lewis@tayntons.co.uk