Co-habitation Agreements – Living Together
Many couples who live together believe that they have a ‘common law’ marriage or are living together ‘as man and wife’ and because of that they have the same rights and protection as married couples when they separate. To a great extent this is a complete myth. The law does not currently recognise the status of unmarried couples and many people who live together have few – or even no – rights when the relationship ends leaving questions such as:
• What will happen to our children?
• Do I have any financial claims against my former partner?
• Will our children have any financial rights?
• Could I be forced to move out of the family home?
Couples who decide to live together or purchase property can take measures to protect their interests at the start of their relationship. If you own or are thinking of buying a property as an unmarried couple we can offer expert advice on the best way to protect your respective interests and any money that you may contribute to the property purchase.
Most unmarried couples believe that the surviving partner will inherit the other’s Estate on death. Although in some limited circumstances there may be a claim that can be pursued through the Courts, this is not normally the case and therefore up to date. Wills for co-habiting partners are essential to provide for the unexpected.
A cohabitation agreement or living together agreement contains details of agreement made between a couple who want to live together in order to protect themselves from unnecessary cost and possible Court proceedings should their relationship break down. The agreement can deal with property rights, arrangements for mutual financial support, debt, caring for children and most other issues that are likely to arise both during the course of a relationship and on it breaking down. It allows the individuals concerned to determine in advance who will keep specific assets and what will happen to assets that have been purchased jointly if they separate. This agreement is intended to bind both parties.
Why choose us?
Our family team will be happy to offer advice on your individual circumstances and provide a tailor made arrangement to suit your particular circumstances.
Please get in touch:
Email: FamilyLaw@gilbertstephens.co.uk or contact one of our team.