
The Difference Between Legal Custody and Physical Custody in the UK
When families in the UK go through separation or divorce, one of the most important issues they must navigate is child arrangements. Although the UK
The law pertaining to cohabitation (living together without marriage) is very different to that which applies to married couples.
If you are separating from your cohabiting partner, it may be worthwhile getting to know your legal rights, especially in complex matters where property, finances, inheritance, and custody of your children are concerned.
OUR team of specialist lawyers have also dealt with numerous cases concerning the future educational needs of the children and inheritance. The law does not provide cohabiting couples with the same legal rights as married couples meaning that the law is complex, so we would encourage you to know your rights.
We also encourage both partners to work amicably and aim to resolve the matter through mediation or collaboration. Our team is certainly well placed to deal with your case without raising a conflict. In circumstances where a sterner approach is required to secure your and your children’s rights, we will discuss the court procedure with you thoroughly before proceeding.
In order to ensure that you are secure from the outset of your relationship, we recommend draughting a cohabitation agreement that records you and your partner’s intentions about the split of property and finances and even the time that the children will spend with each parent in the event that the relationship ends.
For more information, please get in touch with us by using info@shortlands.co.uk or call us 02076299905 or book an initial online consultation.
Shortlands is a boutique family law firm with over 20 years of experience in dealing with the trials and tribulations of a divorce and all family law matters. As a result, we have become the first choice of family law specialists in London.
Our professional and highly experienced team of family lawyers can assist you in your legal matters with full respect, ensuring you maintain a private family life. For more extensive advice and information, please email info@shortlands.co.uk or call us 02076299905 or book an initial online consultation.
No. If you are not married or in a civil partnership, you are not entitled to the same legal protection as a married couple or civil partners. You have limited property, finance and inheritance rights unless you have made arrangements such as a cohabitation contract or will.
A cohabitation agreement (sometimes called a “living together” agreement) records how you and your partner will share finances, how property is owned, and what happens if you split or one of you dies. Because cohabitants lack many automatic protections, this agreement gives clarity and planning, reducing the risk of disputes later.
Not normally as in marriage. An unmarried partner may have a right to support in only limited circumstances, for example where they are financially dependent, or have contributed to the other’s property. In any event, such a claim must normally be made within a year of separation.
Both parents are responsible for their children, but an unmarried father will only automatically have parental responsibility if his name is on the birth certificate. Child arrangements, residence and maintenance are dealt with in accordance with the Children Act 1989.
Without a will, the surviving cohabitant is not guaranteed to inherit. The cohabitant might be able to make a court claim, but this is uncertain; having a will is strongly recommended.

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