Unmarried parents what happens on separation?

Let's condemn some of the myths to the history books once and for all!

There is a long held belief among some that somewhere a body of law exists which states there are rights afforded to 'common law husbands and wives'. This premise is simply un-true there is no such area of law.

With that said there is also no clear body of law in existence that provides a “cut and dried” explanation for what should occur in terms of rights when unmarried couples choose to separate. Therefore your individual circumstances and particular case will need to be examined on individual merit.

For a proper and correct assessment relating to the rights of unmarried couples on separation you need experienced solicitors, you needvAlun Jones Family Law

Property in the case of unmarried couples (cohabitants)

It is common for unmarried couples to own a home together and if the property is jointly owned, with the title registered in both parties’ names. If this is the case and depending on how the property was registered then normally the equity in the home will be divided equally. That is, in most circumstances.

When couples separate one party may 'buy out' the other partner's share if one partner chooses to continue living in the property after separation.

However, difficulty arises when the property or properties are held in one party's sole name.

The party  with registered title will normally retain full ownership rights over the property. This isn't to say that this reflects the shares of the property the parties may be entitled to.

With that said the contesting partner will need to seek specialist Family Law advice in this situation if they feel they have a right to a share in the property. Alun Jones Family Law of Cardiff are well versed in such situations and are only a phone call away from assisting in your particular case.

Children and what time you will spend with them for unmarried parents

It is vitally important to stress that before an application is submitted to court for assessment in regards to what time a parent will spend with the children or where the children will live, that mediation or another viable alternative is exhausted first.

That is to say Alun Jones Family Law of Cardiff can offer you an alternative to a court room scenario and that is to try and reach an amicable resolution between both parents married or unmarried.

In essence in the case of unmarried couples the law sees the two parties concerned as separate individuals.

That is to say the ownership of assets will after a separation remain in the ownership of whose name they are registered to. To clarify this point further if your unmarried partner has a bank account solely in their name then this will remain in their ownership after a breakdown of the relationship in the case of unmarried couples.

Crucially to say this is where the main difference between married and unmarried couples arises, in that an unmarried partner will not be able to claim financial maintenance in the same way afforded to a married partner. With that said if there are children from the relationship then the parent with whom the child lives will be able to make a claim to the Child Maintenance Service for financial assistance from the non-resident parent.