Whilst there is no set procedure for unmarried couples, there may be outstanding issues concerning property or other assets which need to be dealt with as a result of separation.
Unfortunately, this is a common misconception as the law does not recognise a “common law spouse” which means a partner is not offered the same financial remedies that are available to a wife or husband going through Divorce proceedings.
As a result, any claims must be dealt with under the principles of contract, trust and land law. This is a highly complex area, which we strongly advise should be dealt with by legal experts.
Alternatively, you may be looking to enter into a Cohabitation Agreement to set out your respective positions and how joint property is to be dealt with in the event that your relationship breaks down or one partner dies.
Although most couples may not consider that such an Agreement is an important consideration when moving in together, it can be an extremely helpful tool to avoid future difficulties or litigation when dividing assets, if the worst should happen and the relationship ends.
Listen to our podcast
The effect of the COVID-19 pandemic on family matters