Splitting Up When You Have Been Living Together
In England and Wales, if you aren't married or in a civil partnership then the laws which govern married couples and civil partners, don't apply. It's a common misconception that people who live together have a "common law marriage" which gives them legal rights.
The rules governing division of assets between people who cohabit without a marriage or civil partnership are very complicated although the court can still make decisions if there are issues concerning children.
To avoid conflict in the event of separation it is possible for couples living together to agree the terms of a Cohabitation Agreement, outlining how they intend to organise their finances, property and children. You can make an agreement at any time, even whilst still living together.
If you are living with someone and your relationship is breaking down, you may find Advice Now's Living Together and Breaking Up campaign a useful source of information about your current rights - www.advicenow.org.uk/guides/survival-guide-living-together-and-breaking
Separation
Sometimes couples separate but don't divorce, perhaps for religious reasons. They may still wish to reach a settlement about financial and children's issues but can't access the court without divorce proceedings. In those circumstances it is possible for the couple to enter into a Deed of Separation setting out the terms which have been agreed. If there are later divorce proceedings, the terms of the deed can be transferred to a legally binding court order.
It is also possible for couples who don't want to divorce but do want to obtain a legally binding court order reflecting their financial settlement, to Judicially Separate. This is a procedure akin to divorce, which results in a decree of Judicial Separation from the Court but doesn't actually end the marriage.
Further information:
Definition of Terms Used
Counselling
Collaborative Family Law
Mediation
Separation
Divorce or Dissolution
Financial Issues
The Children
Rights of Grandparents
Taking Children Abroad
Domestic Violence
Checklist
Useful Contacts/Organisations
