Services for Unmarried Couples

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We are unique in our personalised approach and unwaivering support for unmarried couples, or for individuals who co-own property.

If you are unmarried and at the start of your relationship, we can provide you with:

Advice in respect of putting in place a Cohabitation Agreement. We can prepare this for you and liaise with your partner in respect of the content (please be aware that we can only act for one of you and not both parties).

Advice in respect of property ownership in terms of sole ownership or holding the property jointly (there are different ways you can hold property jointly and we can speak with you about this). We can advise you in respect of putting in place protection if, for instance, you are investing more in the property purchase than your partner, and the steps which can be taken.

If you are unmarried and going through separation, we can provide you with:

Advice with regard to finances upon your separation

We can draft a Separation Agreement for you and provide you with advice on the terms of the agreement

Advice regarding the property which you may co-own or which you may not own but have paid money towards and believe you have a beneficial interest in

Advice regarding forcing a sale of a co-owned property

Advice with regard to defending a potential claim made by someone in respect of a beneficial interest they may have in your property

Advice in respect of financial provision for children of the relationship under Schedule 1 Children Act 1989

If you are unmarried and your partner has died:

Advice with regard to finances

Advice with regard to any potential claim you may have against your partner’s estate under the Inheritance Act.

Uniquely placed to advise you in a modern world

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.

Do you think we can help?

Contact us today to see how Roskilly & Mills can empower you.