Even though a relationship may be long term and similar in many respects to marriage, couples must realise that the law treats them very differently from those who are married or in civil partnerships. Sydney Mitchell’s Family team can help support you explore your options.
Living together agreement
Whilst no-one wants to contemplate relationship breakdown, if appropriate arrangements have been made at an early stage, the emotional upset and distress is substantially diminished because each partner knows exactly where he or she stands financially.
A Living Together Agreement can record your wishes on a wide variety of matters in the event of a relationship breakdown.
Separation agreements for unmarried couples
Unlike for couples who are either married or in a civil partnership, separation agreements between unmarried couples can be legally binding, because the court does not have the same ability to make financial orders in particular for an unmarried couple as it does for either a married couple or civil partners.
Provided the agreements have been entered into transparently and fairly, and that each party has had the opportunity to obtain independent legal advice, it is highly likely that any separation agreement between unmarried couples that deals with financial and property issues will be held to be contractually binding.
As with married couples or civil partners, a separation agreement may also deal with the arrangements for any children. As with any arrangement for a child, such an agreement is not strictly enforceable, but it is persuasive for a court. However, be aware that it can always be subject to change as the needs of a child evolve or shift.
Trust of Land and Appointment of Trustees Act 1996 (TOLATA)
In the event that an agreement cannot be reached you may need to consider court applications in respect of any property disputes under the Trust of Land and Appointment of Trustees Act 1996 (TOLATA)
How can TOLATA assist unmarried couples upon separation?
When unmarried couples separate and there is a dispute regarding property, the matter is dealt with under civil law rather than the matrimonial law which applies to married couples.
It is common for disputes to arise upon separation in relation to the extent of the parties’ ownership of a property. This may be for example because the property is registered in the sole name of one party however the other party has made financial contributions to the property and therefore seeks to claim a share; or the property may be owned jointly by the parties however there is a dispute as to the shares held by them.
If a couple cannot reach an agreement in respect of their respective entitlements, then either party can make an application in order for the court to determine each party’s interest in the property.
An application under TOLATA may also be required if the parties cannot reach an agreement as to what should happen to the property following their separation. For example, one party may want to sell the property and divide the proceeds of sale whereas another party may want to retain the property and delay the other party receiving their share of the equity. Under TOLATA, the court can determine whether there should be an order for sale and if so, when the property should be sold.
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