Expert legal advice for unmarried couples in North Wales
The rights of unmarried couples are often complex, but people living together in North Wales in long term relationships that don’t involve marriage are increasingly common.
To date, there is no legal definition that specifically states what living together includes, yet it typically refers to people who are a couple and live together without a formal marriage or civil partnership.
Many people mistakenly believe that UK legislation acknowledges the concept of a “common-law” wife or husband, and that if two people live together for an extended time and have children, or jointly own a property, they are recognised as common-law partners or common-law spouses who are granted certain legal protection or legal rights. However, this is a myth. In truth, the rights of unmarried couples living together who separate vary considerably for those afforded to married couple who divorce.
For instance, when a married couple in North Wales get divorced, UK law will make provisions for how the finances they have are dealt with, and dictate how the financial settlement is reached. In contrast, when a couple are not married but have been living together separately, neither have a general legal right to seek or make a claim for a financial settlement.
At present, the general principle that unmarried couples’ rights are based on is that both individuals retain what they hold under their sole names. The only assets that are dealt with are those that are jointly held or owned between them. The general assumption applies to a wide range of categories including properties, savings, pensions, income and gifts, but also to debts they have amassed under both their names. Put simply, what belongs to you is yours, and what belongs to your cohabiter is theirs.
It is worth noting that there are certain circumstances where this general principle can be overturned, however this can be difficult to argue and prove and, in many cases, no clear evidence exists to support claims of individuals to prove an unmarried couple’s intentions. This is often an issue regarding properties where an unmarried couple live together.
As a result, the law surrounding unmarried couples in North Wales that separate is especially complicated, and when there is a lack of legal provisions in place, it can lead to legal disputes. As a result, it is always the best policy to clearly establish from the outset of cohabitation what assets are held or owned and, in the event of separation, how they must be dealt with.
A written document, referred to as a cohabitation agreement, can be a useful solution that provides clear evidence of an unmarried couple’s intentions when they choose to move in together.