When it comes to unmarried couples, we understand that the law of England and Wales is out of step with modern society. Married couples have greater rights than unmarried ones, but solicitors don’t need to be out of step with modern approaches!

Contrary to popular belief, the idea that couples who have lived together for a long time are in a ‘common law marriage’ is a myth. In the legal world, there is no such thing as a common-law marriage or partnership. Any potential claim in respect of property for an unmarried couple or co-owners of property is dealt with under the Trust of Land and Appointment of Trustees Act 1996 (“ToLATA”). They are civil claims governed by the Civil Procedure Rules. Many family lawyers do not have the expertise and experience of dealing with civil claims because family law is dealt with by family Courts and instead governed by the Family Procedure Rules. Specialist advice is therefore crucial in respect of these claims.

According to research by the Office for National Statistics, in 2021, nearly a quarter of cohabiting couples in England and Wales were unmarried, however unmarried couples do not have the same legal rights as married couples: finances will be dealt with entirely differently and different law applies to both.

At Roskilly & Mills we think outside of the box and work closely with other professionals, such as separation coaches, financial advisors and counsellors, to ensure that you have everything you need to empower you to make informed decisions so that you can move forwards.

We recognise the importance of having the right team of collaborative experts in place to empower you, offering useful insight and guidance to ensure you are in a much more informed position now and in the future.