Family & Relationship Law
Family life touches more of the law than almost anything else, from protecting yourselves as a couple to sorting things out fairly when a relationship ends. This section covers both: 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. It sits alongside our wills and power of attorney guides, which complete the picture for any family.
- ✓Married and unmarried couples are treated very differently by the law, and there is no such thing as a common law marriage however long you have lived together.
- ✓An unmarried partner does not inherit automatically, which makes a will essential rather than optional.
- ✓A cohabitation agreement records who owns what and what happens if you separate. A prenuptial or postnuptial agreement does the same for a marriage or civil partnership.
- ✓Even an entirely amicable separation needs a court-approved consent order to make the financial split binding. Without one, claims can be reopened years later.
- ✓Family mediation is cheaper and less stressful than court, and there is a £500 voucher, though it is a time-limited scheme with a finite number of vouchers.
The free assistant is offline for maintenance
We've taken the chat assistant offline while we work through a technical issue behind the scenes. It'll be back as soon as we're confident it's giving reliable answers again. Every guide on this site is still here and hasn't changed, use the menu above to find the one that covers your situation.
Married vs unmarried, why it matters
There is no such thing as common law marriage in England, Wales or Northern Ireland. Living together, however long, does not give you the legal protections of marriage. That affects what happens to your home, money and pension if you separate, and what you inherit if your partner dies. A few straightforward documents can close that gap.
- Yes: Cohabitation agreement, sets out who owns what and what happens if you separate, for couples who live together
- Yes: Prenuptial / postnuptial agreement, records how assets would be divided if a marriage or civil partnership ended
- Yes: A will, essential for unmarried partners, who do not inherit automatically
- Yes: A power of attorney, lets your partner make decisions for you if you ever lose capacity
If you're separating or divorcing
Ending a relationship raises several separate questions, and it helps to deal with them one at a time rather than as one giant argument:
Protecting yourselves as a couple
The free assistant is offline for maintenance
We've taken the chat assistant offline while we work through a technical issue behind the scenes. It'll be back as soon as we're confident it's giving reliable answers again. Every guide on this site is still here and hasn't changed, use the menu above to find the one that covers your situation.
Frequently asked questions
Do unmarried couples have the same rights as married couples in the UK?
No. 'Common law marriage' is a myth in England, Wales and Northern Ireland, unmarried couples have almost no automatic rights over each other's property, money or pension, however long they have lived together. Scotland gives cohabitants some limited rights, but still far fewer than a married spouse. Cohabitation agreements, wills and powers of attorney are how unmarried couples protect each other.
What's the difference between a cohabitation agreement and a prenup?
A cohabitation agreement is for couples who live together but are not getting married, it records who owns what and what happens if they separate. A prenuptial agreement is for couples who are about to marry or enter a civil partnership, it sets out how assets would be divided if that relationship later ended. Both are best drafted by a family-law solicitor with independent advice on each side.
Related guides
Found this useful? Link to it
If you run a site, write an article, or help others with their rights, please link to this guide, it helps more people find free, reliable guidance.