The legal rights of unmarried couples living together
Living together without getting married is a common choice for many couples. However, it’s essential to understand the legal differences
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Separating or divorcing often means making challenging decisions about where your children will live and how they will spend time with each parent. These conversations can feel overwhelming, particularly when emotions are high. While many people still use the term child custody, the law now refers to child arrangements or child arrangement orders, focusing on where children live and how they spend time with each parent. We help you understand your options and work towards arrangements that are practical, balanced and centred on your child’s best interests.
In every case involving children, their welfare comes first. Our child law solicitors take time to listen to your concerns and understand your family’s circumstances. We focus on reducing conflict and helping parents reach agreements that support stability, reassurance and routine for their children.
Language around child arrangements can be confusing. We explain things clearly, including what people often refer to as custody, residence or living arrangements, so you can make informed decisions with confidence.
Questions about children often go beyond where they live. Our team provides clear, practical child law advice on issues such as parental responsibility, child maintenance, schooling and contact with wider family members, helping you find workable, long-term solutions for your family.
View our fixed-fee family law consultation page ,we offer compassionate, expert guidance from an experienced solicitor, focused on you and your next steps.
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Living together without getting married is a common choice for many couples. However, it’s essential to understand the legal differences
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A child plan (formerly known as a parenting plan) is an agreement between separated or divorced parents about how to raise their children. Both parents need to agree to the plan. A Child plan can be changed at any time, for example, as the children grow up, provided both parents agree.
(A child plan is a voluntary agreement between parents and does not involve a court process).
A child plan is available from the Children and Family Court Advisory and Support Service (CAFCASS).
If you have parental responsibility before you separate from or divorce your child’s parent, you will not lose it because of the separation or divorce.
If you were married when your child was born, both you and your spouse automatically have parental responsibility. A mother has parental responsibility from the birth of the child regardless of whether she is married to the father. If the father is not married to the mother when the child is born, they do not automatically have parental responsibility but will acquire it if their name is on the child’s birth certificate, if they have a Court Order granting it or if they have a legally binding agreement with the mother.
Regardless of who has parental responsibility, the parent with whom the child spends less time is required to contribute financially to their children’s maintenance. If you are the parent with whom your child spends more time (perhaps the child is living primarily with you and spending time with the other parent) and you are not receiving child maintenance, a solicitor can advise you about how to secure the payments. If the child or children spend equal time with both parents, there may be no payment due.
A child plan can cover:
