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Living Together and Breaking Up: Key Facts
Family law · Factsheet
Your Basic Legal Position
- No such thing as “common law marriage” in England and Wales
- No automatic rights to property or financial support
- Child maintenance is payable regardless of marital status
- Property rights depend on legal ownership and contributions
- No right to spousal maintenance
- Debts in your name are your responsibility
Key Considerations When Breaking Up
1. Housing:
- Decide who will stay in the property
- Consider selling and dividing proceeds
2. Finances:
- Divide jointly owned assets
- Manage joint debts
3. Children:
- Agree on living arrangements and contact
Ways to Reach Agreement
1. Agreeing between yourselves
2. Using family mediation
3. Using solicitors to negotiate
Consider legal advice even if agreeing between yourselves
Mediation can be less stressful and cheaper than court
Important Actions When Breaking Up
- Inform benefits agencies of change in circumstances
- Close joint bank accounts or remove ex-partner’s name
- Update will and beneficiaries on pensions/life insurance
- Inform landlord/mortgage provider of changes
- Inform utility companies and update council tax
- Seek advice on debt if needed
- Consider legal advice for complex situations
Useful Resources
- Citizens Advice: www.citizensadvice.org.uk
- Shelter: www.shelter.org.uk
- National Domestic Abuse Helpline: 0808 2000 247
The PDF is retained as historical material: it shows a superseded service name (National Domestic Violence Helpline). The service is now the National Domestic Abuse Helpline, 0808 2000 247. Checked against nationaldahelpline.org.uk on 6 August 2026.
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