Marriage vs. Cohabitation: What Happens When You Separate?

19th March 2025

When it comes to separating, there are key differences between being married and cohabiting:

- No Divorce Proceedings for Cohabiting Couples: If you're not married, you can avoid the long, costly divorce process. However, this also means you don't have the same legal protections if things go south.

- Greater Powers for Married Couples: If you're married, the court has much greater authority to make financial provision on divorce, including:

• Transfer of property
• Lump sum payments
• Spousal maintenance
• Pension Sharing: One spouse may be entitled to a share of the other’s pension

- Cohabiting Couples? The court’s powers are more limited. It can't order pension sharing or provide financial support to the ex cohabitant save for in some very limited circumstances.

At Williscroft and Co, we offer expert advice on legal protection for both marriage and cohabitation. Whether you're considering your options or need guidance on asset division during a separation, we’re here to help!

We offer competitive and affordable rates as well as fixed fees and legal aid  – please contact us on 01274 305380 / 01535 600 973 / reception@williscroft.co.uk