What rights do unmarried couples with children have in the UK?
Unmarried couples with children in the UK have clear legal rights regarding their children, because the law in England and Wales does not distinguish between married and unmarried parents when it comes to post-separation child arrangements.
However, unmarried couples have limited rights in relation to each other’s finances or property if they break up. Parental responsibility, child arrangements, and child maintenance can all be addressed through the courts and the dedicated Child Maintenance Service (CMS). What you cannot do, without being married or in a civil partnership, is make claims against your partner’s savings, investments, property, pension, seek spousal maintenance, or rely on automatic inheritance rights.
The gap between what many couples expect and what the law actually provides is considerable. According to the 2019 British Social Attitudes Survey, 55% of households with children believed in the ‘common law marriage’ myth, which wrongly assumes that cohabiting couples enjoy the same legal rights as those who are married.
What legal rights do unmarried parents have over their children?
When it comes to the children themselves, the law is more straightforward. Parental responsibility – the legal authority to make decisions about a child’s upbringing, education, healthcare, and welfare – is held automatically by birth mothers, regardless of their marital status. It will automatically fall to the second parent if the birth mother is married. For unmarried fathers/same-sex partners, it depends on when and how the birth was registered.
If the second parent’s name appears on the birth certificate and the birth was registered on or after 1 December 2003, they will automatically have parental responsibility.
Once parental responsibility is established, the rights it carries are the same regardless of whether the parents were ever married. In practice, parental responsibility means both parents have a say in major decisions about the child’s life. Where both parents hold it, they will need to agree on things like:
- Changing the child’s school or education pathway
- Consenting to non-emergency medical treatment
- Taking the child abroad
- Changing the child’s surname
- Whether a child should follow a particular religion
Both parents can apply to the court for a Child Arrangements Order, which sets out where a child lives and how much time they spend with each parent. The child’s welfare will always be the court’s primary consideration.
Expert advice from one of our solicitors
Samantha Farndale, a Partner in our family law office in Camden, says:
“If you cannot agree on major decisions about a child, then you may also need to apply to the Court for a Specific Issues Order. A Specific Issue Order is when a judge makes a decision about one important question affecting your child because you and the other parent can’t agree. Rather than deciding every aspect of parenting, the court only decides the specific issue you’ve asked it to
“These applications can be made together or stand alone. The court will have the child’s welfare as the paramount concern and will aim to make a decision that is child centred and in the best interest of the child, The court is less interested in the parents views than it is in ensuring any decisions made advance the child’s welfare.”
What happens when an unmarried couple with children separates?
When unmarried parents separate, children issues and financial or property disputes between the adults are dealt with separately. There is no single legal framework that brings them together the way divorce proceedings do, which means each issue may need to be addressed through its own process.
Before applying to court, both parties will generally be expected to attend a Mediation Information and Assessment Meeting (MIAM). This is a short meeting with a trained mediator to explore whether the issues can be resolved without court proceedings. Exemptions apply in some circumstances, such as where there is a history of domestic abuse.
Our guide on separating as an unmarried couple with children covers what to expect if you find yourself in this situation.
What financial support can unmarried parents claim for their children?
When unmarried couples separate, neither partner can claim spousal maintenance, a share of the other’s pension, or general financial relief from the other – regardless of how long they lived together. Any financial claims that do arise are made for the benefit of the child, not as support between the adults themselves.
Child maintenance is usually handled through the Child Maintenance Service (CMS), which calculates payments using a formula based on the non-resident parent’s income cross referenced with the number of nights the child stays with them, up to a gross annual ceiling of £156,000.
In some cases, Schedule 1 of the Children Act 1989 may allow for additional financial claims. For example, where the paying parent earns above the CMS income cap or where the child has particular needs.
What is Schedule 1 of the Children Act 1989, and how does it help unmarried parents?
Schedule 1 of the Children Act 1989 is the primary legal mechanism through which the Family Court can make financial orders for the benefit of children born to unmarried parents, usually to the financially weaker parent after separation.
It is important to understand that these orders are made for the child, and not as a form of financial relief for the resident parent personally. Applications are made using Form A for property and lump sum orders, or Form A1 if you are seeking a standalone maintenance under the fast-track rules. The court fee is currently £270.
The types of orders available under Schedule 1 include:
- Periodical payments: Regular income payments that can supplement or exceed CMS calculations, particularly where the non-resident parent earns above the CMS income cap
- Lump sum orders: One-off payments to meet specific needs, such as furnishing a home, buying a car for childcare purposes, or meeting costs associated with a disability
- Property settlement orders: An order for a property to be transferred or settled for use by the child during their dependency (typically, until they turn 18 or complete full-time education) after which it reverts to the paying parent
- Property transfer orders: In exceptional circumstances, an outright transfer of property may be ordered
The court will consider both parent’s financial resources, the child’s needs and circumstances, any disability, and what was expected in terms of the child’s education or training.
Do unmarried couples have the same rights as married couples?
Unmarried couples do not have the same legal rights as married couples or civil partners, and the difference is significant. One of the most persistent myths in family law is that living together long enough, or having children together, creates automatic rights equivalent to marriage. It does not. Common law marriage does not exist in England and Wales.
No length of cohabitation and no number of shared children create the legal safety net that marriage provides. Without a formal legal structure in place, each partner generally retains ownership of their own assets, and the financial protections many couples assume they have simply do not exist.
For many unmarried parents, the reality of what the law does (and does not) provide only becomes clear when a relationship ends. Understanding where you stand before that point gives you the chance to make informed decisions, take practical steps, and put the right protections in place for yourself and your children.
What happens to a joint mortgage when unmarried couples separate?
Separating does not usually remove either person from a joint mortgage. Both borrowers generally remain liable to the lender until the property is sold, a transfer of equity has taken place, or the mortgage is formally changed by agreement. This is regardless of any private agreement between you or who continues to live in the property.
To understand what this means in practice, see our guide to what happens to a joint mortgage when unmarried couples split up.
What if one partner moves in with someone new – can my ex claim money from my new partner?
In England and Wales, your new partner’s income and assets are not treated as yours, and your ex cannot make a direct financial claim against them or seek maintenance from them.
That said, if your household finances change significantly, it may be a relevant factor in respect of assessing needs, as you may need less as you are now sharing living costs and expenses with another person. Although, how much weight is given to this will depend on the specific facts and the type of arrangement in place.
For more details, check out our guide: Can my ex claim money from my new partner?
What steps can unmarried couples with children take to protect their rights?
There are several things you can do to improve your position, and taking a few practical steps early makes a significant difference.
- Make a Will: Without one, your partner has no automatic right to inherit anything from you. The rules in England and Wales do not recognise cohabiting partners
- Draw up a cohabitation agreement: This is a formal document that sets out how property, finances, and other assets would be divided if the relationship ends. It can also record the shares in which a property is held and define financial responsibilities during the relationship. For unmarried couples (particularly those who own property together or where one partner earns significantly more than the other) it provides clarity. Although they are not automatically legally binding, they can help to prevent expensive disputes later by showing the intention of the parties.
- Ensure both names are on the birth certificate: This is the simplest way for the other unmarried parent to secure parental responsibility
- Consider a Parental Responsibility Agreement (if not named on the birth certificate): If both parents agree, this can be signed without going to court and formally records other parent’s parental responsibility
- Use a Declaration of Trust: If you own property together and your contributions are not equal, a Declaration of Trust records the agreed beneficial shares and avoids costly disputes later
- Review your pension nominations: Your pension provider can be instructed to nominate your partner as a beneficiary. This is separate from inheritance and does not require a will but should not be done in place of making a Will
- Keep financial records: Bank transfers, mortgage payments, and any written agreements about property contributions can become vital evidence if a dispute arises
Is the law for cohabiting couples with children changing?
In June 2026, the UK Government launched a formal consultation titled A Fairer End to Relationships, proposing significant changes to the rights of cohabiting couples. For example, cohabitants who have lived together for at least three years, or who share a child, could gain access to a new financial framework on separation. The laws would retain a distinction between marriage and cohabitation, but unmarried couples could have some important protections.
The proposals also include automatic inheritance rights for surviving cohabiting partners where no Will exists, and enhanced financial protections for survivors of domestic abuse regardless of marital status.
These are proposals at the consultation stage, not yet law. For now, the existing legal framework applies.
Getting advice that’s right for your situation
If you are in an unmarried relationship and have children, the most useful thing you can do is understand your legal position clearly, preferably before any imminent decisions need to be made. With the right advice and the right documents in place, there are concrete steps you can take to protect yourself and your children.
Our specialist family law solicitors can advise on everything from cohabitation agreements and Schedule 1 applications to parental responsibility and property disputes.
Get in touch with our team to discuss your situation and receive tailored legal advice.
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What is a cohabitation agreement?
