The number of couples choosing to live together without marrying or entering into a civil partnership continues to grow across the UK. While many relationships are long-lasting and involve shared homes, children, finances, and significant emotional commitment, the legal position for unmarried couples remains very different from that of married spouses. This often comes as an unwelcome surprise when a relationship comes to an end.
One situation that regularly causes confusion is where one former partner has promised to provide financial support after separation. Perhaps they assured you they would continue paying the mortgage, transfer a lump sum, contribute towards rent, or simply said they would look after you financially while you got back on your feet. Those promises may have influenced important decisions, such as moving out of the family home, giving up a claim to property, leaving employment, or delaying legal action.
When those promises are later withdrawn, many people assume there is nothing they can do because the agreement was never written down. While verbal promises can be difficult to prove, they should not automatically be dismissed.
Can the court enforce an agreement between former cohabitees?
Unlike married couples, former cohabiting partners rarely have automatic rights to ongoing financial maintenance simply because the relationship has ended.
This often surprises people who have lived together for many years or who sacrificed career opportunities for the relationship. If there is no marriage or civil partnership, the court cannot simply order one former partner to support the other because it considers that outcome to be fair.
Instead, any claim usually has to be based upon recognised legal principles such as contract law, property law, trusts or equitable remedies.
Where there is clear evidence of a legally enforceable agreement, or where one party has suffered financial detriment after relying on specific promises, legal action may be possible. However, every claim requires careful analysis before proceedings are considered.
Does a verbal promise to pay money have legal effect?
Relationships naturally involve conversations about money that are based on trust rather than legal formalities, and most couples rarely expect that one day they will need to produce evidence of promises made during happier times. However, once the relationship has broken down, memories may differ significantly.
Whether a verbal promise can be enforced depends on several factors, including:
- What was actually promised
- Whether the promise was sufficiently certain
- Whether both parties intended it to have legal consequences
- Whether one party relied upon the promise
- Whether there is evidence supporting what was said
Each case depends entirely on its own facts, which is why obtaining legal advice at an early stage is important.
What if your former partner said they would look after you financially”?
Statements such as “I’ll always look after you”, “don’t worry about money” or “I’ll make sure you’re financially secure” are commonly made during or shortly after separation. While these expressions may genuinely reflect someone’s intentions at the time, they are often too vague to amount to an enforceable agreement.
On the other hand, more specific promises may carry greater legal significance. For example, a former partner might agree to:
- Continue paying your mortgage for two years
- Pay you £50,000 once the family home is sold
- Cover your living expenses while you retrain
- Repay money you invested in their business
- Continue making monthly payments until you become financially independent
The more detailed the agreement, the easier it may be to demonstrate that a genuine commitment was made rather than simply expressing goodwill.
Why evidence matters
The biggest challenge in disputes involving verbal promises is proving that the promise was actually made. Fortunately, these days evidence is not limited to a signed contract, and since the evolution of tech, relationships now tend to leave behind extensive digital records that may support one person’s account.
Helpful evidence could include text messages confirming the arrangement, emails discussing future payments, WhatsApp conversations, social media messages, or letters sent after separation. Bank transfers that match the promised payments may also help establish what both parties understood had been agreed.
Witnesses can sometimes provide useful evidence too. If friends, relatives or professional advisers heard the promise being made or discussed shortly afterwards, their evidence may help to support your version of events.
Even a series of payments made over several months before suddenly stopping could support an argument that both parties believed an agreement existed.
No single piece of evidence is usually decisive, and courts will often consider the overall picture when deciding whether an agreement is likely to have existed.
What if you relied on the promise?
Some of the strongest cases arise where one person has relied upon their former partner’s promise and suffered financial loss as a result. Reliance means that you changed your position because you believed the promise would be honoured.
For example, someone may have:
- Accepted a lower settlement regarding jointly owned property
- Moved out of the family home without seeking financial compensation
- Given up employment because financial support had been promised
- Used their own savings believing they would later be reimbursed
- Paid significant debts on behalf of their former partner
- Delayed making a legal claim because they trusted the promise
Where someone has acted to their financial disadvantage because of assurances given by another person, the law may in some circumstances provide protection. These cases can become legally complex because several legal principles may potentially apply.
Promissory estoppel and other legal principles
Although every case is different, one legal concept that sometimes arises in these situations is known as promissory estoppel. This principle may prevent someone from going back on a promise where it would be unfair to do so because the other person relied upon that promise.
Promissory estoppel is not available in every situation and has important legal limitations. It should never be assumed that simply because someone made a promise, the court will automatically require them to honour it.
Depending upon the circumstances, other legal claims may also arise. These could involve disputes concerning property ownership, beneficial interests, trusts, unjust enrichment, or contractual principles. The appropriate legal route will depend entirely upon the factual background rather than the label attached to the dispute.
If you would like advice on this issue, please contact our team today. We can assess your individual circumstances, explain your legal options, and help you determine the most appropriate way to protect your financial interests.
Or call us: +44 (0)20 7430 8470