Cohabitation

More and more people are choosing to live together as a couple without getting married or entering into a civil partnership. However, the law has not yet evolved to reflect these social changes and, despite popular belief, there is no such thing as a ‘common law' marriage.

At the outset of your relationship it is advisable to record your intentions regarding financial matters in a Cohabitation Agreement. Such an agreement can include how you will own your home, what you will each contribute to household bills and the mortgage and how property acquired before your relationship will be treated. A Cohabitation Agreement can also regulate your financial affairs during the course of your relationship.

For many couples, the existence of a written agreement provides reassurance that your wishes and intentions will be respected in the event of the breakdown of the relationship and a future dispute may be avoided. The terms of such an agreement can be very influential in the event of a dispute arising.

We recommend that couples buying property together clearly record how they wish to own the property at the time of purchase. This can be by declaration on the Transfer documents or by entering into a separate Declaration of Trust. Our Residential Property department can advise you how best to record your interests in a property and our Private Client department can assist with the preparation of a Declaration of Trust if required.

In the event that your relationship breaks down, we can assist with the financial and non-financial consequences that affect you and your family. You may be unsure what interest you have in the family home or other properties and possessions. The law in this area is under review by the Government but at present there are no statutory provisions governing the property rights of cohabiting couples. As such, this is a complex area of law based on long-standing principles of property law and trusts established by previous cases. Much will depend on the evidence of how you intended to own your property and the contributions you have made.

We will advise you and assist you to try to reach an agreement with your partner without recourse to court proceedings. If court proceedings are required, we will guide you through the process.

If you and your partner have children, you will also be considering their future care and living arrangements. We will assist you to reach an agreement in respect of the arrangements for your children.

You or your partner may also have financial claims on behalf of your children. We can advise in relation to child maintenance issues and capital claims for children.

Wills

It is always advisable to review or make a new Will at those times in your life when your circumstances change. This is particularly so when you enter into a new relationship or end an existing one. We have a specialist team of private client lawyers who would be happy to advise you in this regard.

Would you like to know more?

Please contact Claire Hamilton-Russell, Jill Goldman, Shashi Sachdeva or Margaret Hatwood on 0870 160 1300. Alternatively, please email any of our team.