Getting married can provide important legal and financial protections for women that unmarried couples lack. While marriage is not for everyone, women should be aware of the potential benefits as they consider their long-term plans. Below are key ways marriage can help safeguard a woman’s finances in the UK.
Property Rights Within Marriage
If a married couple splits up or divorces, UK law treats property acquired during the marriage as jointly owned. This means each spouse is entitled to an equal share, regardless of who paid for it originally.
Who gets the house when an unmarried couple splits up UK? For unmarried couples who separate, the default is that whoever is named on the property deed or title retains sole ownership. If an unmarried woman financially contributed to a home or other assets under her partner’s name, she would have to fight hard in court to try proving her entitlement to a share of those assets. Marriage automatically grants her those property rights. Consult a solicitor if you have a joint mortgage but not married and are now separating.
Financial Provision Upon Divorce
Courts have significant powers to order financial provision for a spouse after a divorce. This includes ordering maintenance payments, redistributing assets, and arranging pension sharing orders.
The court’s objective is to ensure the financial needs of each spouse are met, having regard to factors like their age, health, earning capacity, and contribution to the marriage. While maintenance is sometimes paid in unmarried couple break-ups, the court has far less scope to intervene. Marriage gives much stronger financial remedies.
Inheritance Rights
A surviving spouse has certain automatic inheritance rights if their husband or wife dies without a will. These include the right to keep living in the marital home and receive a lump sum payment from the estate.
Unmarried partners have no such entitlements. The deceased’s property passes to blood relatives or under their will, potentially leaving an unmarried partner with nothing. Marriage brings inheritance protections.
State Benefits
Spouses can claim certain state benefits based on their partner’s National Insurance contributions, which unmarried couples cannot access. These include Bereavement Allowance, Widowed Parent’s Allowance and parts of the State Pension.
Marriage also affects entitlements to means-tested benefits like Housing Benefit and Income Support. The income and capital of a spouse is taken into account, whereas unmarried couples’ finances are treated separately.
What If an Unmarried Couple Splits Up?
If an unmarried couple separates after a long period of living together, the woman faces real uncertainty over her financial position. Her ex-partner has no legal duty to provide ongoing financial support. As noted above, she also has weaker property rights if the home or other assets are solely in her partner’s name.
Her only options are to try negotiating an informal settlement or bringing a costly court claim to ask for a share of assets. Even if she contributed to the mortgage or household bills, the property will not be seen as jointly owned. It is far harder to establish financial entitlements as an unmarried partner.
Marriage brings legal rights and financial protections that unmarried relationships lack. While marrying for money or security should not be the sole motivation, women should consider the potential long-term benefits as they plan their future. Marital property rights, court-ordered divorce settlements, inheritance entitlements and spouse benefits can all help safeguard a woman’s financial position.
