Not married, but splitting - what are my rights?

A split on a farm is rarely simple.

Dear Stephen, 

I am in a relationship for a number of years with my partner but we never married. We bought a house together near where we are both from with some farmland attached, which we lease. We are joint owners of the property. 

We both work full-time and have three children together who are in school. Recently the relationship is going through difficulties and there is a possibility we may split. Can you help me understand what my legal rights are, particularly with respect to the children and property, if we were to live separately?

Dear Reader,

I am sorry to hear about your relationship difficulties, and I believe it is likely that you and your partner would be classified as cohabitants, which is set out in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

To qualify as a cohabitant, a cohabitating couple must have lived together in an intimate and committed relationship for a minimum of five years, or for a minimum of two years if the couple share children. Although you have not stated the number of years you lived together, it appears you would qualify as a cohabitant, given your children are school-age.

If the relationship breaks down, you can apply for redress in the courts under The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. You and your partner could look to deal with this by way of an agreement. If an agreement cannot be reached, you may need to consider making an application to the court for various reliefs.

Section 173 of the 2010 Act allows qualified cohabitants, in the event of a relationship ending, to apply to the courts for various financial reliefs, including:

• Property Adjustment Orders;
• Compensatory Maintenance Orders - both periodical payments and lump sum payments;
• Pension Adjustment Orders.

The Court may make Redress Orders if it is satisfied that one party is financially dependent on the other and that such dependency arose because of the relationship or the ending of the relationship. Section 173 of the 2010 Act states that the court must consider a range of factors, including:

• The financial circumstances, needs and obligations of each qualified cohabitant;
• The rights and entitlements of any spouse, civil partner or former spouse or civil partner; 
• The rights and entitlements of any dependent child or any child of a previous relationship of either cohabitant;
• The duration of the relationship, the basis on which the parties entered the relationship and the degree of commitment of the parties to one another;
• Any contributions made by either cohabitant to the relationship, whether financial or otherwise;
• The effect on the earning capacity of each of the cohabitants of the relationship;
• Any mental or physical disability 
• The conduct of each of the cohabitants, if it would be unjust to disregard such conduct.

Cohabiting couples do not have automatic rights; the court will decide each case based on its own circumstances and merits. A cohabitant must first prove “financial dependence” on the other cohabitant, either during the relationship or as a result of its ending.

In respect of the children, a court will not want to disrupt their lives or routines, and a possible order that may be made is the person the children primarily live with continues to live in the family home with the children whilst they are dependent, which is 18 or 23 (if they remain in full-time education) and that once they are no longer dependent, they may make an order that the house can be sold. I would advise you consult a solicitor who can advise further.