Mitchell Ryan Solicitors
family law specialists
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Unmarried Couples

It is a well known fact that more and more couples are choosing to live together either prior to marriage or, often, as an alternative to getting married. This is often referred to as ‘cohabitation’. Unmarried couples or cohabitees in England and Wales have no statutory legal rights if they separate. There is a common misconception that people who cohabit are ‘common-law spouses’. This is, unfortunately, untrue.

 

Unmarried Couples

It is a well known fact that more and more couples are choosing to live together either prior to marriage or, often, as an alternative to getting married.  This is often referred to as ‘cohabitation’.

Unmarried couples or cohabitees in England and Wales have no statutory legal rights if they separate.  There is a common misconception that people who cohabit are ‘common-law spouses’.  This is, unfortunately, untrue.

Consequently, the breakdown of a relationship, or the death of one party, can be a financial disaster for the other cohabitee.  There is no maintenance obligation, and no automatic entitlement to property, savings or pension claims in these situations. 

There are, however, options for cohabitees on the breakdown of their relationship.  They could have a claim under Trust Law and, if they have children, the primary carer could have a claim under Schedule 1 of the Children Act 1989.

These are both complex areas where specialist advice is essential.  We have considerable experience of dealing with these areas of law, and can advise you as to your options to guide you through the process.

Living Together Agreements | Cohabitation Agreements

You may already be living with your partner or they may be about to move in with you. In such circumstances, you may wish to consider a Living Together Agreement (also known as a Cohabitation Agreement).  Such an Agreement can be an excellent way of defining and regulating, in clear terms, what each party is responsible for paying (i.e. mortgage, rent, bills etc), and who owns what, such as a property owned by either of you before you started living together, or an asset purchased together in the course of the relationship.  Most importantly, it can also detail what will happen if the relationship breaks down.

The main purpose of entering into a Living Together Agreement is to protect both you and your assets if you separate, as it reduces the risk of your partner making a claim against you.  In our experience, these claims can be complex, time consuming and very expensive.

We have a wealth of experience negotiating and drafting Living Together Agreements.  We can advise you how best to protect your assets and regulate your circumstances going forward.

We offer a FREE first appointment, so take the first step and reach out to us now by either telephone on 01962 809056 | 02380 653785 or email us to arrange a convenient time on contact@mitchellryansolicitors.co.uk.