27 Living Together and Your Rights if You Separate
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2. Why is living together different from being married?
4. Making a ´living together agreement´
5. When you are living together
6. If you or your partner dies
7. State benefits for people living together
10. If you split up
It is probably a good idea to get some specialist advice from a solicitor if you are thinking about splitting up. He or she will tell you where you stand and help you work out your options. You may decide, after a first interview, that you can sort things out yourself, but at least you will do this knowing about your legal position.
You should try to find a solicitor who has experience of dealing with the problems of unmarried couples, as it is a difficult area of the law.
Where can I find a good solicitor?
Solicitors are listed in 'Yellow Pages', but you will need one who specialises in family law. Libraries and citizens advice bureaux can be helpful, as well as people you know who have been to see a family law solicitor.
Resolution, formerly the Solicitors Family Law Association, is an association of solicitors who specialise in family law, including solicitors who specialise in cohabitation (living together) matters.
The Law Society also has a Family Law Panel. Solicitors on this panel have to pass an exam and prove they have family law experience. The Law Society will give you the names of solicitors on this panel in your area.
See '' for details on how to contact these and other organisations.
Mediation
Mediation is an alternative way of helping couples reach their own agreements about children and money. It can be particularly helpful if you are not married or in a registered civil partnership because the law can be complicated and taking legal action is expensive.
A typical mediation service will offer you and your partner a series of meetings with one or two trained mediators. In these meetings you can talk about children and money and see whether you can reach any agreement. If you can, the mediator will make a note of this agreement and you can each check it out with a solicitor.
Mediation can sometimes be paid for from public funds if you pass certain financial tests, but otherwise you have to pay. It will probably be cheaper, though, than asking a solicitor to negotiate a settlement. Mediation often results in a better relationship for you and your former partner, and this can be helpful for the future, particularly if you have children. For more information about mediation, including how to find mediation services in your area, see the Community Legal Advice leaflet ''.
Do I need a solicitor as well as a mediator?
Mediators cannot give you advice on your own legal position, so you will probably need a solicitor to make sure the agreement reached is best for you. It may be possible to turn some parts of your agreement into a court order, which means they can then be enforced through the courts. Mediation services cannot do this for you, but a solicitor can.
Can I get help with legal costs if I can't afford them?
If you qualify, you can have public funding to cover proceedings over money or children's issues (called 'Approved Family Help and Legal Representation'). You can also have public funding for mediation. See the Legal Services Commission leaflet 'A Practical Guide to CLS Funding' for more information.
11. Arrangements if you have children
13. Sorting out other items you own
15. Terms used in matters to do with living together
This leaflet is published by the Legal Service Commission (LSC). It was written in association with Imogen Clout, a solicitor specialising in family law.
Latest version: August 2006
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