Managing children and finances when unmarried couples separate

According to the Office for National Statistics (ONS), the number of marriages in England and Wales fell by approximately 9%*, continuing a decades-long downward trend. While fewer couples are getting married, many still live together, have children, and eventually separate.

Even without a marriage, navigating finances, property, and parental responsibilities can be complex, having the right guidance from a qualified Family Law solicitor is essential.

Legal rights of unmarried couples living together​

Many cohabiting couples assume that they automatically have rights to their partner’s property and belongings — a misconception sometimes called “common law marriage.” In reality, no such automatic rights exist.

Family Solicitor, Lucinda McWatt explains:

“There are many practicalities to consider when unmarried couples split. While some separations are amicable, children add legal and financial complexities that must be handled professionally.”

Separation and Cohabitation agreements

To protect both parties, Lucinda recommends creating a separation agreement:

• A written document outlining how assets, debts, and expenses (e.g., rent or mortgage) will be shared.
• Addresses child contact arrangements, maintenance payments, and parental responsibilities.
• Helps prevent future financial disputes.

“A separation agreement is different from a consent order, which is only available if you are married,” Lucinda notes. “However, if drafted correctly, it carries significant weight and can manage both financial and child-related matters.”

Couples who own property together may also benefit from a cohabitation agreement, which outlines what happens to the property and assets if the relationship ends. Not having these agreements can make separation more complicated, but family solicitors can guide you through your options.

rights for unmarried couples with children​

While there is no legal obligation to support your partner after a breakup, the rules change when children are involved:

• Parents need to agree on child maintenance and contact arrangements.
• Children’s needs are always the priority, even if the parents were never married.

“Your separation agreement should cover these matters, ensuring children are protected, just as if the couple were divorcing,” Lucinda explains.

Review your Will and property arrangements

Separation is also a good time to review your Will and property arrangements:

• Update your Will to reflect your current circumstances.
• If you own a home together, seek advice from property solicitors on the best way to manage shared ownership.
• Having a multi-service law firm can streamline these processes and reduce stress during an emotional time.

“Any split is emotional, but a holistic legal service can make the process smoother,” says Lucinda. “Whether married or unmarried, with or without children, our team helps clients navigate every step.”

Why professional legal advice matters

Managing finances, property, and children after a separation can be daunting, especially without legal protections. A family law solicitor can:

• Explain your legal rights and responsibilities
• Draft cohabitation or separation agreements
• Advise on child support and parental responsibilities
• Signpost you for help with Wills, property sales, and financial planning

Taking professional legal advice early ensures clarity, fairness, and peace of mind for all parties involved.

How can we help?

For expert legal advice on separation or guidance on cohabitation, child arrangements, or finances contact our Family Law Solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

*Office for National Statistics (2022–23) – reflecting a long-term decline in marriages.

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.