Ending a relationship is never easy. For cohabiting same-sex couples who are not married or in a civil partnership, separation can end up being particularly complex - emotionally and legally. Despite long-term commitment, shared finances or raising children together, the law does not automatically provide the same protections for cohabiting couples as it does for married couples or civil partners.
As we mark LGBTQ+ History Month this February, it is an important opportunity to acknowledge both the progress made in legal equality and the areas where challenges still remain - particularly when relationships come to an end.
Understanding the legal pitfalls of cohabitation
One of the most common misconceptions is the idea of a ‘common law marriage’. In England and Wales. This does not exist. This means that cohabiting couples often have far fewer rights on separation, regardless of the length or seriousness of the relationship.
Key areas where difficulties can arise include:
1. Property ownership
If a property is owned in one partner’s sole name, the other does not automatically have a right to remain or receive a share of its value. Even where both parties have contributed financially, for example to mortgage payments, renovations or household costs - those contributions may not be recognised unless they can be clearly evidenced.
2. Financial contributions and assets
Money paid towards joint living costs, savings, or improvements to property does not necessarily create a legal entitlement. Disputes can arise over who paid for what, particularly where finances were informal or pooled without written records.
3. Debts and liabilities
Joint debts can remain a shared responsibility after separation, even if one partner benefited more than the other. Debts in one person’s name are not automatically shared, which can also cause tension and uncertainty.
4. Pensions and long-term financial security
Unlike divorce or dissolution proceedings, there is no automatic right to pension sharing for cohabiting couples, which can significantly impact long-term financial planning.
5. Arrangements for children
Where children are involved, separation raises questions about where they will live, how time will be shared, and how decisions will be made. While the law prioritises the welfare of the child, navigating arrangements can be emotionally challenging without clear guidance.
Why early legal advice is so important
Without the structure of matrimonial law, cohabitation disputes often depend heavily on evidence, legal argument and careful negotiation. Seeking advice early can help you understand where you stand, avoid common pitfalls and prevent disputes from escalating unnecessarily.
Our family law team has extensive experience supporting cohabiting same-sex couples through separation. We provide clear, practical advice at what is often a highly emotional time, helping clients regain a sense of control and direction.
How Coles Miller can support you
Every case is different, but our family law team follows a clear, supportive process to ensure your situation is handled thoroughly and sensitively.
Initial consultation and fact-finding
We begin by taking the time to understand your relationship, your living arrangements, finances, and any children involved. This includes discussing property ownership, contributions made during the relationship, and your immediate concerns or priorities.
Explaining your legal position
We provide honest, straightforward advice about your rights and options, tailored to your circumstances. This includes explaining what the law can - and cannot - do for cohabiting couples, so you can make informed decisions from the outset.
Evidence gathering and assessment
Where property or financial claims are involved, we help you identify and gather relevant evidence, such as financial records, correspondence, or proof of contributions. This step is often crucial in strengthening your position.
Negotiation and dispute resolution
Where possible, we aim to resolve matters through constructive negotiation, helping clients reach practical agreements without the stress and expense of court proceedings. Mediation or other forms of alternative dispute resolution may also be explored where appropriate.
Formalising agreements or pursuing court action
If agreement is reached, we can formalise arrangements to provide clarity and protection moving forward. Where disputes cannot be resolved, we offer robust representation to pursue or defend claims through the courts, always keeping proportionality and outcomes firmly in mind.
Ongoing support
Separation is not just a legal process. Our team provides steady guidance throughout, keeping you informed, supported and confident in the steps being taken on your behalf.
A supportive and inclusive Dorset-based firm
As a trusted, Dorset-based law firm, Coles Miller is proud to support individuals and families across the local community. We understand that same-sex couples may have concerns about how they will be treated within the legal system, particularly during vulnerable moments such as separation.
Our family law team is committed to offering an inclusive, respectful and professional service - one built on trust, discretion and clear communication.
Taking the next step
If you are separating from a partner and were not married or in a civil partnership, understanding your legal position early can make a meaningful difference to the outcome.
Book A Free Chat With Our LGBT Solicitors.
Book a free phone chat or fixed fee meeting – or contact Family Law Solicitor Richard Perrins for more information, 01202 338800.
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