Skip to content

Unmarried Couples & Financial Claims for Children

Problematically for unmarried couples and families, the law does not provide a set of rights which are as comprehensive as those provided to married couples and divorcees.

This applies whether an unmarried couple has lived together or not and whether they have children or not. It’s important to be aware that the myth of the “common law spouse” is just that – a fairy tale.

However, other parts of the law do provide a web of useful and valuable rights, financial and non-financial, many of them developed over decades of decisions by the Courts rather than from any Act of Parliament. Some have arisen from the implementation of the Human Rights Act and can give rise to claims which are also enforceable against key third parties such as pension trustees, mortgage lenders, trustees and executors of estates. And for those who have children, Schedule 1 of the Children Act 1989 provides an important set of financial claims which complement the Child Maintenance Service (formerly Child Support Agency) regime. These range from “top up” maintenance payments to help with school and university fees and capital costs such as buying a home to bring your child up in.

This added complexity means that it’s important to obtain professional advice as soon as problems arise. Our role is to advise you on how to obtain the best outcome, irrespective of your situation. Each family is unique, requiring bespoke advice across a variety of areas. For those who have children, we appreciate that achieving a fair and reasonable outcome for your children will be a first priority. We are experienced in complex financial matters such as monthly child and spousal maintenance, contributions towards school fees or university costs, planning for the future or a sudden change of circumstances. We also value your privacy and have specialists in that field who are able to support us when questions involving confidentiality, publicity and the press arise.

Our holistic approach means we have all the expertise you need, locally and internationally, under one roof. This includes commercial and residential property law, estate planning as well as many other areas.

TOP