Cohabitation Laws
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Cohabitation Laws
In order to prevent problems from occurring during a separation, couples may wish to enter into a cohabitation agreement. Cohabitation agreements can be entered into at any stage of the relationship, with cohabitation rights providing protection to both un-married partners should they separate in the future. Scroll down for more information.
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Cohabitation Laws?
Despite popular belief, “common law marriage” does not exist, regardless of the length of the relationship and the presence of children. Couples who choose to live together rather than marry do not enjoy the same legal rights as married couples if the relationship breaks down. Their entitlement on the breakdown of the relationship is far more restrictive and the courts do not enjoy the same re-distributive discretionary powers available to married couples.
For example, upon separation with a non-married partner, a partner cannot argue for a share of a pension that has built up over the course of a long relationship but held in the other’s name. Nor can there be an award of maintenance to enable a partner who has not worked to adjust without the income of his or her former partner. Property disputes between non-married partners will be determined on trust law principles.
If there are children involved, a claim can be made under schedule 1 of the Children Act 1989 to meet the needs of the children. Although, in the vast majority of cases, this will not convey any outright ownership on the party making the claim and any property provided will revert back to the non-resident parent when the child reaches majority.
Cohabitation Law at St Pauls Chambers
To ensure that all documentation is done efficiently and correctly, and to make sure that you know exactly what you are agreeing to, we are able to offer you the best legal advice.
