Cohabitation

We can help couples who decide to live together and not marry resolve legal issues. To prevent problems arising on separation we advise couples to enter into a cohabitation agreement.

The law treats unmarried partners differently from those who marry. It is a complex area of the law. Living together for a long period of time is termed 'common law marriage'. This does not confer the same rights as couples who are married. The main differences are:

Maintenance - upon separation, a cohabitee is under no obligation to support the other party other than a Child Support Agency assessment in respect of any children of the relationship
Property - there is no concept of 'fairness' as with divorce proceedings. A share of property will depend on the financial contribution and common intention. There is no automatic entitlement to a share of assets if they are not in joint names.
Parental responsibility for a child or children - a father does not automatically have parental responsibility unless the child was born after December 2003 and was registered in his name.
Wills - if a partner dies without making a will, the surviving cohabitee is not entitled to a share of the deceased partner's estate unless they can prove that they were financially dependant on the deceased, in which case they may be entitled to make a claim.

It is essential that you obtain legal advice before you start cohabiting, especially if you plan to buy a property together or have children. If your relationship breaks down, see us as soon as possible.

To book an appointment call 0161 832 1032, or submit an enquiry online