What are the financial rights of unmarried couples?
As the law stands, the financial rights of unmarried couples are limited. It is a myth that somebody can become a common law spouse if they have lived together for a number of years. If a couple is not married, there is no entitlement to maintenance (income on an ongoing basis) or to a share of the other’s assets no matter how long they have been together for. A person who has enjoyed a particular lifestyle, living in their partner’s house and with their partner meeting the day to day living costs may find themselves in a difficult financial position on separation as the financially stronger party is not obliged to provide housing nor to continue meeting living expenses.
That said, there are two indirect options to consider.
If there are children, they may be able to claim child maintenance from their partner and depending upon circumstances, they may be able to obtain an order to be provided with accommodation for them and their child until the child turns 18. However the house is normally returned to the party who has provided it once the child turns 18.
Another option to consider is whether you have or have acquired an interest in property belonging to a partner due to agreements reached and the way you have conducted your finances. This however can be a complicated area of law which is very fact specific and requires specialist legal advice.
Related FAQs
It is possible for children (including adult, working age children) to make claims against the estates of their parents if they have not been provided for in certain circumstances.
These types of claims are very fact-specific so it is not possible to give a straightforward yes or no answer as to whether any such claim is available to you. The court will consider all factors which we can explore with you in more detail.
Potentially. The first question is why the person is not able to return, as their individual circumstances will be very relevant in terms of whether they can be safely dismissed.
Employers should ask themselves 2 questions in this situation:
- Have I done everything I am required to do in order to make the workplace safe for the individual to return; and
- Is what the employee saying reasonable?
If the answer to question 1. is no then a dismissal is unlikely to be fair. However, even if the answer to question 1. is yes, then there is still question 2. to address. If the employee has reasonable grounds as to why they are unable to return to work, e.g. due to health issues, childcare responsibilities etc then the dismissal is unlikely to be fair. It is only if you can answer yes to question 1. and no to question 2. that you can have some confidence in the potential safety of the dismissal.
Dismissals based on objections to returning to work on health and safety grounds will very often be risky and are highly fact specific, therefore please contact one of the employment team for further advice prior to dismissal.
One of the key legislative requirements of EMI is that the employee satisfies the working time requirement, which is that they work at least 25 hours per week in the company or, if less, 75% of the employee’s total working time. If the working time requirement ceases to be met, then there is a “disqualifying event”. That means that the tax benefits of EMI ceases. It may also mean that the option lapses, but that depends on the specific terms of the option.
An employee who has been furloughed is by definition no longer working 25 hours/week and therefore on the face of it, there is a disqualifying event. However, the Government has tabled an amendment to the Finance Bill currently going through Parliament providing in effect that time not worked because an employee has been furloughed counts as working time, both for determining whether the working time requirement is met initially and whether there is a disqualifying event. Provided this amendment is enacted, this should address the issue.
- Audit
- Identify your off-payroll contractors
- Determine the status of off-payroll contractors
- CEST – HMRC employment status checker for tax purposes
- Communication – liaise with affected workforce
- Contracts – get them compliant
- Consider the Ward Hadaway toolkit
It is not possible to challenge a Will before the person who has made it passes away. This is because a Will does not come into effect until such time as the testator has died. If, however, you do have concerns about the content of a Will, then you may wish to address these with the testator in person.