Many more people are now choosing to live together rather than marry. They will share a home and finances and also raise a family together.
However, many unmarried couples believe that if they live together for a long period of time or have children together they will acquire the same legal rights as if they were married. This is not the case.
If a relationship breaks down the only legal claims may be in respect of the family home and support for the children.
The Court can resolve disputes regarding ownership of the property. Where a property is owned in joint names the starting point will be how the property is held. This will depend upon the documents entered into when the property was purchased. The usual starting point will be the assumption that the property is owned equally regardless of financial contributions made unless there is documentary evidence to prove otherwise. This would be in the form of a Deed of Trust entered into when the property was purchased which would contain details of financial contributions made at the time of purchase.
When a property is owned by only one person, complex legal issues may arise if the other cohabitee wishes to establish a legal interest. This could include the other person having paid towards the deposit or paid for improvements to the property.
For child support, an application can be made to the Child Support Agency and claims for additional support can be made under the Children Act 1989 but such applications are rare.
The Court does not have the power to make orders for payment of lump sums to either party or pension sharing arrangements.