Family Law Archives - Franklins Solicitors

Can financial arrangements be made legally binding?

admin — Wed, 25 Feb 2026 16:44:33 +0000

Yes. For divorcing couples and civil partners, a financial settlement can be formalised in a consent order approved by the court.

Unmarried couples may formalise agreements through a separation agreement or, where appropriate, a legally binding deed or court order relating to property or children.

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What happens to the family home if we separate?

admin — Wed, 25 Feb 2026 16:44:04 +0000

If you are married or in a civil partnership, the court can decide how property is divided.

If you are unmarried, ownership and any legal agreements will usually determine how the property is dealt with. Disputes may be resolved through negotiation or through the civil courts if necessary.

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What rights do unmarried couples have?

admin — Wed, 25 Feb 2026 16:43:37 +0000

Unmarried couples do not have the same automatic financial rights as married couples or civil partners. Financial claims are usually based on property ownership, trust law or arrangements relating to children. It is important to seek early legal advice to understand your position.

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How are assets divided if we were married or in a civil partnership?

admin — Wed, 25 Feb 2026 16:43:11 +0000

When a marriage or civil partnership ends, the court considers factors such as financial needs, income, earning capacity, contributions and the welfare of any children. The aim is to achieve a fair outcome based on your individual circumstances.

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Do we have to go to court to resolve financial matters?

admin — Wed, 25 Feb 2026 16:42:29 +0000

Not always. Many financial disputes following separation are resolved through negotiation or mediation, whether you were married, in a civil partnership or living together.

Court proceedings are typically a last resort if agreement cannot be reached.

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What is Financial Dispute Resolution (FDR)?

admin — Wed, 25 Feb 2026 16:42:02 +0000

Financial Dispute Resolution is usually a stage within court proceedings for divorcing couples or civil partners, where a judge helps both parties explore settlement. The judge provides an indication of what outcome may be appropriate to encourage agreement.

For unmarried couples, disputes about finances or property are usually resolved through negotiation, mediation or civil court proceedings rather than the family court FDR process.

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Can a cohabitation agreement be changed later?

admin — Wed, 25 Feb 2026 13:56:50 +0000

A cohabitation agreement can be amended if your circumstances change. This may occur where your partner inherits another property, if there are significant changes in your financial circumstances, or birth of a child. Where significant changes in your circumstances arise, it is prudent to ensure that the agreement is reviewed to reflect your current situation.

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Can I protect my housing if the property is in my partner’s sole name?

admin — Wed, 25 Feb 2026 13:55:49 +0000

If the property is in your partner’s name only and you are unmarried, once you start to contribute towards mortgage payments and renovations, for example, you may then obtain a beneficial interest in the property. A cohabitation agreement can be put in place to safeguard your financial interests.

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Is a Cohabitation Agreement Legally Binding?

admin — Wed, 25 Feb 2026 13:54:18 +0000

A cohabitation agreement can be a valid legal agreements provided that it is entered into voluntarily by both parties with the full understanding and disclosure of each other’s financial circumstances. If the court deems the agreement to be unjust or unfair, they may not uphold the agreement. Independent legal advice is recommended for both partners.

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What steps can we taken to protect each other if we are not married?

admin — Wed, 25 Feb 2026 13:53:21 +0000

Even if you are not married, there are ways to make sure that you and your partner are protected. You could consider:

A Cohabitation Agreement: to set out your financial arrangements while you live together.
A Declaration of Trust: to clarify who owns what if you buy property together.
A Will: to ensure your wishes are followed and your partner is provided for.

Taking these steps can give you peace of mind and help avoid misunderstandings or costly disputes in the future.

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