If you are an unmarried couple living together, one tried and tested method of establishing your rights within the law is by signing a cohabitation agreement, in which specific rights are attributed to both members of a cohabiting couple.
Cohabitation agreements can cover everything from the payment of child maintenance and property costs after a break-up to the delegation of household chores, yet can be complex and confusing – that’s where the family law solicitors at Farleys can help.
Do cohabiting couples have the same rights as married couples?
It is a popular myth that cohabiting couples acquire the legal rights of a married couple during the course of their relationship. In fact, common law marriage has not existed in England since 1753 and there is therefore no legal obligation placed upon either member of a cohabiting couple to share the cost of home or child maintenance, nor does either member automatically receive inheritance rights or the responsibility for acting as next of kin, nor are there any automatic rights to a share in a property.
What are the benefits of a cohabitation agreement?
Cohabitation agreements can often be relatively informal, offering scope when it comes to the areas they can cover. Our lawyers are thoroughly experienced in providing legal advice to both cohabiting couples and couples in the process of moving in together, and will be happy to discuss a wide range of prospective terms. Typically, cohabitation agreements include reference to the following:
Property - how do you intend to deal with property owned prior to entering the agreement as opposed to property acquired during the relationship?
Inheritance and wills - how do you wish to provide for your partner?
Income / Expenses - do you wish to pool your income into a joint account?
Duration - how long would you like the agreement to last? Should it be subject to review after a specified period of time?
Children - do you plan to have any and how will they be educated?
Checking your rights as a couple may seem unromantic, but it is necessary to discuss such topics if you are cohabiting and wish to establish a firm position within existing law.
With no forthcoming changes to the law in England and Wales it’s just as important as ever to ensure you and your partner are properly accounted for. As one of the most complex areas of family law, cohabitation agreements can be made infinitely simpler by a properly trained and well-qualified solicitor.
For help and advice about writing a cohabitation agreement, contact a Family Law solicitor or lawyer at Farleys Solicitors today on 01254606008 or email us.
The Office of National Statistics reveals that over the last decade the number of cohabiting couple families has grown faster than married c...
Read More I saw a client today whose situation reminded me of the plight faced by so many people in England and Wales. The facts: She has been livi...
Read More Richard Bacon MP's no fault divorce bill is having its second reading in the House of Commons this Friday, 4 December 2015. At present th...
Read MoreWe truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis
