The law treats those who are unmarried very differently on separation to those who are married.
Unmarried individuals can be disadvantaged. Married couples are granted greater protection, because there is an obligation to split matrimonial assets in accordance with prescribed law. Any matrimonial asset owned by either party will form part of the marital pot and become subject to law when deciding how to divide these assets, whereas unmarried couples do not have access to the same legal treatment.
The Matrimonial Causes Act 1973 focuses on meeting the needs of any children when dividing the assets within financial remedy proceedings.
For cohabiting couples who have separated, we have to look to the civil courts to obtain a resolution where an agreement cannot be reached. We may also advise as to how the Family Court might assist in preserving accommodation and financial provision when there are children involved.
Onions & Davies Solicitors can help avoid any separation issues for unmarried couples in a cohabitation agreement. We can also help you with any relationship breakdown. Please contact our family team on 01630 652405 for a confidential meeting to discuss your situation.