If you choose to live with your partner and decide not to get married, we can help you to protect your assets by drafting a cohabitation agreement – sometimes also known as a living together agreement.
Contrary to popular belief, the concept of “common law marriage” does not exist within English law. The fact that you live with someone for years does not mean you have any legal rights on separation and could mean that one partner is left with nothing.
A Cohabitation Agreement is a legal document that can be used to set out how assets, such as property or savings, will be split. It can also be used to set out any arrangements for children and pets if the couple were to separate.
The agreement can be drawn up at any time but is usually done before the couple enter into a big commitment together, such as buying a property, taking out a mortgage or having children.
Contact our family team for an initial, no obligation, consultation on 01732 747900 or [email protected]
Cohabitation agreements can include the following:
No, unmarried couples do not have the same legal rights and protections as married couples, even if they have lived together for many years. If an unmarried couple separate where the family home is held in one partner’s name, then the other will not automatically be entitled to a share of it. Additionally, if one partner were to die, the other partner will not automatically inherit their assets and they could be left with nothing.
It depends on the wording in the agreement. Some agreements include a clause stating what happens in the event of marriage and some do not. If the agreement doesn’t mention marriage, it might not be upheld if the couple were to divorce. To avoid this, the couple enter into a prenuptial agreement in contemplation of their marriage ceremony.
Unmarried couples can consider creating legal agreements such as a Cohabitation Agreement (Living Together Agreements), which outlines the rights and responsibilities of each partner regarding property, finances, and children. They may also consider drafting Wills and Lasting Power of Attorney documents.
Property ownership in cohabitation cases is typically determined based on the legal ownership of the property- that is who is named on the title of the property and registered at the Land Registry. Contributions to the property, both financial and non-financial, may also be considered.
Unmarried couples generally do not have the same legal obligations towards each other as married couples. There is no automatic presumption of sharing for example. However, they may have certain responsibilities if they have children together, such as child support or maintenance payments and in respect of arrangements for the children.
Unmarried couples can separate by mutually agreeing to end their cohabitation. They may need to resolve matters related to property, assets, and shared responsibilities by selling a property and dividing the proceeds, or by one party buying the other out and transferring the mortgage into one name. If there is no consensus in approach to how matters will be resolved, then legal assistance may be sought to explore options.
Unmarried couples should consider creating a legally binding cohabitation agreement that outlines each partner’s financial contributions, ownership shares, and provisions for handling the property in the event of a separation or death. It is advisable to seek legal and financial advice before making such a significant commitment, and it would be prudent to understand the different ways that couples can legally own a property to best protect their own specific interests.
