Financial remedy for unmarried couples — what is NOT available (and what is)

REVIEWED BY: Sean McNamara on 2026-08-28

The core rule cohabitants must know

The financial-remedy powers of the family court (the "clean break" machinery — s.23–24 Matrimonial Causes Act 1973) apply to married couples and civil partners only. An unmarried partner has no automatic claim on the other's property, pension or income when a relationship ends. There is no "common-law marriage" (see our cohabitation guide).

What an unmarried ex-partner CAN get

Despite no divorce-style division, options exist through other law:

Children (Schedule 1 Children Act 1989)

A parent can apply for financial provision for the child — including housing (a lump sum or settlement of a property for the child's needs), periodical payments for the child's benefit, and lump sums. This is needs-based, focused on the child, not a general wealth share. See our Schedule 1 guide.

Property & the family home (trust law / TOLATA)

If your name isn't on the title, you may have a beneficial interest through contribution — resulting or constructive trust (see our trust-law-home guide). You can claim your share via the Trusts of Land and Appointment of Trustees Act (TOLATA) in the civil court.

Child maintenance

The Child Maintenance Service (CMS) calculates child maintenance for children of unmarried parents exactly as for married ones (see our CMS page). The family court no longer makes periodical payments for children (CMS is the route).

What is NOT available

Spousal maintenance (periodical payments for yourself)
Pension sharing (no right to the other's pension)
A capital clean-break order dividing the whole asset pot
Any claim on the other's income for your own upkeep

Practical protection you should consider (before/now)

Cohabitation agreement — sets out who owns what and what happens on separation
Declaration of trust — if you bought together with unequal contributions, records the shares
Wills — unmarried partners inherit nothing under intestacy; will each other
Life insurance / beneficiary nominations on pensions

The honest bottom line

After an unmarried split, each of you walks away with whatever is titled to your name plus any beneficial interest you can prove — and the children are provided for via CMS/Schedule 1. The law deliberately does not re-share wealth between ex-partners who never married. If that matters to you, marriage/civil partnership is the only route that unlocks the financial- remedy machinery.

Official links

Cohabitation: https://www.gov.uk/living-together-and-marriage
Money when you live together: https://www.gov.uk/marriage-cohabitation-and-civil-partnerships-financial-settlement
Schedule 1 children provision: https://www.gov.uk/looking-after-children-divorce

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.