What to consider when separating from a long term partner

Can you see your step children once you’ve separated?

For those in blended families, separation can be particularly challenging when stepchildren are involved. Francesca Grey, solicitor in the Slater and Gordon family team, says:

“After a separation, step-parents generally don't have an automatic right to continue seeing their step-children. Those with parental responsibility (the legal rights, duties, powers, and authority that a parent has in relation to their children) retain the right to decide who their children spend time with. However, step-parents can work to maintain contact through discussions directly with each other, via mediation, or even by obtaining a Child Arrangements Order following an application to the Court.” 

Rebecca Cliff, associate at Slater and Gordon adds: “During the unfortunate breakdown of a relationship, children can often be caught in the cross fire.  When the children are not from the relationship, it can create even more issues.

“In the circumstances of Dakota Johnson and Chris Martin, whilst Dakota is “devastated that she isn’t going to be around the children” without parental responsibility, Dakota would be relying upon the good faith of Chris Martin that their relationship between Dakota and the children can continue.

“In the event that a party does not have parental responsibility, that party would then have to ask permission of the Court to make any applications under the Children Act Proceedings and it would be at the Court’s discretion if they will allow this.”

What happens to the division of assets in long-term unmarried relationships?

Unlike married couples, unmarried partners do not have automatic rights to financial support or asset division upon separation. In the UK, assets are typically divided based on legal ownership. If a property is jointly owned, it will be split according to the ownership structure, either as joint tenants (equal shares) or tenants in common (defined shares).

For couples who have lived together for many years but do not share legal ownership of assets, financial claims can be complex. If one partner solely owns a property, the other may need to prove a beneficial interest through financial contributions or agreements such as a Declaration of Trust.

To avoid disputes, cohabiting couples are advised to create cohabitation agreements, which outline financial arrangements and asset division in case of separation. These agreements provide clarity and legal protection, ensuring both parties understand their rights.

Francesca added: “Couples who live together in committed relationships, commonly referred to as co-habitants, often believe they have some form of legal status or protection akin to those enjoyed by spouses or Civil Partners. That belief is wholly wrong. Despite popular belief, there is no legal relationship in England and Wales of “common law” husband or wife. The same is true where same sex couples are concerned. The stark reality is that co-habitants who have not entered into a legally-recognised relationship  – either marriage or Civil Partnership – may have very few rights. It makes no difference that they may have lived together for many years. They still will not be entitled to the same protections that spouses or Civil Partners enjoy.

The separation of Dakota Johnson and Chris Martin serves as a reminder that long-term relationships, whether in the spotlight or not, come with legal considerations. For those navigating separation, understanding rights regarding stepchildren and financial assets is crucial. Seeking legal advice early can help individuals protect their interests and ensure a smoother transition during this difficult time.

If you need guidance on family law matters, including parental responsibility or asset division, our experienced team is here to help. Contact us today for expert advice tailored to your situation.

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