Separation of non married couples and how legal separation agreements work

Unlike with divorcing couples, Non Married Couples are not obligated to provide financial support for their partner. The only way financial obligation can come into a separation is if there is a child or join asset involved. In this way, the separation of Non Married Couples is very different to those who have been married, or who have entered into a Civil Partnership.

One of the most common disputes between separating couples concerns property ownership. Disputes of this nature are ruled by the law of trusts, rather than family law.  If agreement cannot be reached and the matter has to go to court, the focus is not upon the welfare of any children, or fairness between the parties, but rather the intention and financial contribution of each party.

We can assist you with disputes such as this, simply call us on 0151 242 5111 in order to speak to a member of our dedicated team.

If you are a non married couple venturing into property ownership, we strongly advise that you consider having a Cohabitation Agreement drawn up. Much like a Pre-Nuptial Agreement for married couples, a Cohabitation Agreement is made to set out the position of the parties and their intentions in terms of finances, should the relationship end. Although not legally binding, these can be brought into court should a dispute arise. A classic Cohabitation Agreement may show:

  • How any property or assets will be apportioned on separation
  • How finances will be arranged during the relationship
  • How any children of the family will be financially supported following separation
  • How any debts will be split following separation

If you are considering drawing up a Cohabitation Agreement, we can help you in doing so. Our aim is to guide you through every step of the process, ensuring you peace of mind. An agreement reached with the help of both parties having legal advice and representation is far more likely to withstand any challenge in future court proceedings.

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