Separation Agreements for unmarried couples
If you are unmarried and need to separate from your partner, we can advise on childcare and finance agreements. Make the right move with Brockbanks Solicitors, located across Cumbria, with offices based in Whitehaven, Cockermouth, Workington, Carlisle and Keswick.
Protection for unmarried couples
If you are unmarried when your relationship breaks down, you will face many of the same issues as married couples. However, the legal situation is often very different. This is because the law relating to unmarried couples does not work in the same way as the law relating to married couples. It does not matter how long you have lived together as a couple, which can put your rights at risk.
An Unmarried Separation Agreement is a legal document that sets out a range of roles and responsibilities after the relationship has broken down. The benefit of a Separation Agreement (also known as a Deed of Separation) is that it records everything in writing. This can both minimise the risk of future conflict and court proceedings.
Practical solutions from the experts
When creating a Separation Agreement, we always look to work collaboratively with your former partner and their legal team. This helps to ensure you benefit from an Unmarried Settlement Agreement that works for everyone involved. Wherever possible, we aim to resolve issues and conflict without the need for court proceedings
We offer the expert legal advice and practical solutions that will assist you in making the right choices about your home, children and your money.
What does the agreement outline?
Arrangements for children
How assets and property are split
Who is responsible for paying for what
If there are specific factors you’d like us to consider, please let Brockbanks Solicitors know. Where appropriate, we’ll aim to advise with these in mind, for a truly personal service that has your individual concerns at the core.
Frequently asked questions
Do unmarried couples have the same rights when they separate?
No — the law treats unmarried couples very differently from married ones, and it does not matter how long you have lived together. This often comes as a surprise and can leave one partner more exposed than they expected. At Brockbanks Solicitors, we explain exactly where you stand and help you protect your position with a clear agreement.
Is "common law marriage" a real thing?
No. There is no such thing as common law marriage in England and Wales, so living together for years does not give you the legal rights of a married couple. Many people only discover this when a relationship ends. Our family law team helps unmarried couples put proper protections in place so they are not caught out.
What is an unmarried separation agreement?
It is a legal document, sometimes called a deed of separation, that sets out arrangements for your children, finances and property once an unmarried relationship has ended. Putting everything in writing reduces the risk of future conflict and court proceedings. We work collaboratively with your former partner’s side to reach an agreement that works for everyone involved.
What can an unmarried separation agreement cover?
It can cover arrangements for the children, how property and assets are divided, and who is responsible for paying for what. If there are particular things you want taken into account, those can be built in too. At Brockbanks Solicitors, we tailor the agreement to your real circumstances so it genuinely reflects your situation.
What happens to our home if we are not married and we split up?
Who keeps or shares the home usually depends on whose name is on the legal title and what each partner contributed, rather than on the relationship itself, which is why these situations can be complicated. Getting advice early helps you understand your rights before decisions are made. Our solicitors will guide you through your options and work to resolve things without the need for court wherever possible.
Do we have to go to court to separate as an unmarried couple?
Usually not — wherever possible we aim to resolve issues and reach a fair agreement without court proceedings. Court tends to be a last resort when agreement cannot be reached. We offer practical advice and calm support to help you make the right choices about your home, your children and your money.
Speak to our family solicitors today
Call our Whitehaven team on
01946 692194. We’ll explain the possible options, their benefits and pitfalls.