If you’re an unmarried couple, did you know you have no legal rights in regards to your living arrangements if you separate without a cohabitation agreement?
Contact UsCohabitation Law
Learn about how we help those looking for cohabitation solicitors, draft agreements and settle into with their living partners with our skilled team here at BBS Law.
What is Cohabitation Law & Agreements?
Cohabitation refers to two individuals living together as a couple in a familial structure, similar to marriage or a civil partnership, but without undergoing a formal marriage ceremony or registering their partnership legally.
Unlike married couples or civil partners, cohabiting couples are not covered by comprehensive family legislation addressing relationship breakdowns. This can leave them in a legally vulnerable position if the relationship ends.
For example, assets such as the family home are not divided in the same way as they might be during a divorce.
Property disputes between cohabiting couples often rely on trust and land law, and there is no automatic entitlement to financial support, lump sum payments, spousal maintenance, or pension sharing.
Cohabitation law seeks to provide guidance on managing property ownership and financial arrangements for unmarried couples. One significant tool within this area of law is the cohabitation agreement.
This agreement outlines each partner’s rights and responsibilities, offering clarity on key issues such as property division and financial matters in the event of separation.
By establishing clear terms, a cohabitation agreement can help reduce conflict and uncertainty, protecting both parties’ interests and providing a foundation for a secure future.
What Cohabitation Agreement Solicitors Do
Our cohabitation solicitors at BBS Law have responsibilities that range far and wide, ensuring that every aspect is covered to protect you and your staff. Just a minority of our duties in regards to cohabitation agreements and cases include:
- Cohabitation agreement drafting
- Establishing beneficial ownership
- Cohabitation dispute resolution
- Legal guidance and advice
- Property law
- Updates to cohabitation agreements
The key to securing your future as a couple living together is to utilise the power of a cohabitation agreement, we have the skilled team you need here at BBS Law with years of experience in the field.
Protect yourself, your family and your future with our help.
When to Call a Cohabitation Solicitor
A cohabitation solicitor doesn’t need to be the option when relationships are on the rocks, in fact most will utilise the power of cohabitation agreements in order to avoid any disputes in the future.
There are numerous instances wherein a cohabitation solicitor can help to solidify your living arrangements, and it is preferred to seek legal advice as early as possible so that all parties are protected, but why and in what circumstances would you really need a cohabitation agreement in place?
Take this example for instance, if you are cohabiting with your partner in a property solely owned in their name and the relationship ends, the Court has limited power to alter property rights without a cohabitation agreement in place.
This remains the case even if you have contributed to the mortgage or household expenses, or if you and your partner have children together. While it may be possible to argue a proprietary interest in your favour, the rights and remedies available to cohabiting partners are significantly more restricted compared to those in a marriage or civil partnership.
At BBS Law, our experienced cohabitation solicitors can help you understand your legal position and protect your interests, harnessing proactive measures such as a cohabitation agreement.
What Legal Protections Do Cohabiting Couples Have?
Cohabiting unmarried couples face significant legal disadvantages compared to married couples or civil partners.
Despite widespread belief in the concept of “common law marriage,” this term has no legal basis under UK law (see our faqs at the bottom of the page for more on this).
This means that, regardless of how long you have lived together, you do not automatically acquire the same rights as a spouse or civil partner.
For example:
- No automatic inheritance rights: If one partner dies without a will, the surviving partner has no legal claim to inherit their property or assets.
- No entitlement to financial support: In the event of a separation, cohabiting partners are not entitled to spousal maintenance or a share of the other partner’s pension, no matter how long you have been (living) together,
- Limited protection for shared assets: Contributing to household expenses or property improvements does not automatically grant you ownership rights.
These legal gaps can create uncertainty and financial vulnerability, particularly during a relationship breakdown.
Laws Cohabitation is Governed by
Cohabitation is governed by various laws concerning property ownership, financial provision for children, and children law.
The Trusts of Land and Appointment of Trustees Act 1996 addresses property ownership issues, while Schedule 1 of the Children Act 1989 covers financial provision for children, including housing and necessary cash sums.
Understanding property ownership rights and the financial provisions for children can prevent potential disputes and provide clarity on each partner’s legal standing.
When it comes to the legally binding nature of cohabitation agreements, those of which regulate financial and property matters between separated couples, are generally upheld if they are fair and both parties have received independent legal advice.
These agreements usually cover property ownership and clarify the couple’s intentions during their cohabitation.
However, they should not attempt to regulate private activities or future child care arrangements, as their enforceability in these areas is limited. Take a look below at a more refined look at the key aspects of cohabitation law.
The Cohabitation Rights Bill 2023
The Cohabitation Rights Bill 2023, proposed by Lord Marks, seeks to reform cohabitation law according to the 2007 Law Commission recommendations. It aims to provide cohabitants without children, who have lived together for a specified period, with rights to financial provision similar to those for married couples.
Cohabitants with children would automatically have these rights.
The bill also includes provisions for opt-out agreements and cohabitation agreements. However, without government support, its success remains uncertain.
Financial Provision for Children
The financial provision for children extends beyond regular child maintenance as regulated by the Child Maintenance Service (CMS).
Schedule 1 of the Children Act 1989 allows for applications to the Family Court for housing and lump sum orders to benefit the children.
This provision ensures that the living arrangements and financial needs of the children and the parents they reside with are adequately addressed until they reach adulthood.
Property Ownership and Trusts Law
Determining ownership of the family home is a significant concern for cohabiting couples. Legal ownership must be clearly established through documentation. In cases where ownership is not explicitly defined, the principles of trusts law come into play, where the couple’s intentions regarding ownership are considered decisive.
The Trusts of Land and Appointment of Trustees Act 1996 allows for declarations of ownership, which are crucial in calculating ownership shares during a sale or buyout.
If the house is not jointly owned, a partner does not have automatic rights to live in it. When one partner owns the home outright, establishing rights to remain in the house after separation can be challenging, except in cases where an occupation order is granted due to abusive behaviour.
Without marriage or a civil partnership, a partner’s rights are generally limited.
However, an application can be made to remain in the house for an initial six months, which can be extended once to a total of twelve months.
BBS Law for Cohabitation Solicitors & Agreements
With extensive experience in cohabitation law, we are dedicated to helping unmarried couples address their unique legal challenges with confidence.
Our solicitors provide clear, practical advice to simplify complex legal matters and offer actionable solutions tailored to your needs. Whether you require a cohabitation agreement, a declaration of trust, or assistance with disputes, we deliver bespoke legal documents and skilled representation to safeguard your rights and interests.
Understanding the emotional and financial pressures that cohabiting couples can face, we provide compassionate support to reduce stress at every stage. To secure your future and achieve peace of mind, contact our expert cohabitation solicitors today.
We’re here to help you clarify your rights, protect your assets, and plan for a more secure future.
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