Family & Relationship Law UK: Divorce, Prenups & Rights

Data last checked on 10 October 2026.

Checked against GOV.UK, nidirect and legislation.gov.uk. Edited by Steven Butler.

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This section covers how to protect your home, money and children while you are together, and how divorce, financial settlements, child arrangements and child maintenance work if you separate. Our wills and power of attorney guides sit alongside it.

Key points

✓In England, Wales and Northern Ireland there is no such thing as common law marriage. The government says cohabiting couples and their children have very limited financial protections should a relationship end.
✓A surviving partner who was not married or in a civil partnership with the deceased has no automatic right to inherit. A person can decide exactly who should inherit by producing a valid will.
✓A cohabitation agreement may set out who owns what and what should happen if the relationship breaks down, but it is not automatically legally binding. Nuptial agreements are not automatically enforceable in England and Wales.
✓To make an agreement about money and property legally binding you need to draft a consent order and ask a court to approve it. If your agreement is not legally binding, a court cannot enforce it if there are any issues later.
✓Mediation is usually cheaper and quicker than going to court. A voucher worth up to £500 is available towards mediation costs, but the scheme is time-limited and vouchers are limited in number.

Married vs unmarried, why it matters

There is no such thing as common law marriage in England, Wales or Northern Ireland. The government says cohabiting couples and their children have very limited financial protections should a relationship end, and a surviving partner who was not married or in a civil partnership with the deceased has no automatic right to inherit. These documents set things out in advance.

Cohabitation agreement: may set out who owns what and what should happen if the relationship breaks down, for couples who live together
Prenuptial or postnuptial agreement: sets out how the couple's assets should be divided in the event of a divorce
A will: a person can decide exactly who should inherit by producing a valid will
A lasting power of attorney: lets you appoint one or more people to help you make decisions or to make decisions on your behalf (England and Wales)

If you're separating or divorcing

Ending a relationship raises several separate questions. Each has its own guide:

Divorce , how the no-fault divorce process works in England and Wales, what it costs, and how long it takes.

Financial settlement , dividing money, property and pensions, and how a consent order makes an agreement legally binding.

Child arrangements and child maintenance , where children live and spend time, and how maintenance is worked out.

Family mediation , how mediation works, how it compares with going to court, and the Family Mediation Voucher Scheme.

Protecting yourselves as a couple

Two kinds of agreement set things out in advance:

Cohabitation agreements , for couples who live together without being married: what an agreement may set out and how far it is binding.

Prenuptial agreements , for couples about to marry: what a prenuptial agreement sets out and whether a court will follow it.

Where to go next

Frequently asked questions

Do unmarried couples have the same rights as married couples in the UK?

In England, Wales and Northern Ireland there is no such thing as common law marriage. The government says cohabiting couples and their children have very limited financial protections should a relationship end. In Scotland, the Family Law (Scotland) Act 2006 gives cohabitants some rights to apply to the court if they separate or if one of them dies without a will.

What's the difference between a cohabitation agreement and a prenup?

A cohabitation agreement may set out who owns what and what should happen if the relationship breaks down, but it is not automatically legally binding. A pre-nuptial agreement is made before a marriage and sets out how the couple's assets should be divided in the event of a divorce. Because enforceability depends on how an agreement is drafted, a family-law solicitor can draft or check it for you.

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https://www.knowyourrightsuk.com/family

Know Your Rights UK. "Family & Relationship Law UK: Divorce, Prenups & Rights." Know Your Rights UK, https://www.knowyourrightsuk.com/family