Cohabitation Issues

There is no such thing in English law as a "common-law wife" or "common-law husband". This is a popular misunderstanding. The rights of couples who cohabit rather than marry are considerably less. As this is the case it is very important that legal advice is taken either before you start living together, whilst you are living together, or on separation.

A cohabitation agreement or separation agreement can be drawn up to deal with financial issues and issues relating to property, and can also set out agreements in relation to children. This type of agreement is very important rather than trying to rely on the general law in this area.

Even if the property is in one of the party's sole name, and even if there is not a cohabitation agreement in place, the other party may have acquired a financial interest in the property recognised by law. We can advise you on whether in your case it is likely that anyone has acquired an interest in a property in your name, or whether you have acquired an interest in a property in somebody else's name.

If there are children you may be in a position whereby financial or property claims can be brought on behalf of the children, over and above Child Support Agency payments. This is a very important area and is often overlooked by people with children who separate.

Changes in the law mean that same-sex couples will be able to register their relationships, as long as they meet certain conditions, but no such protection is currently planned for heterosexual couples, and therefore a cohabitation agreement is essential, as is expert legal advice on separation whether a cohabitation agreement exists or not. We have considerable experience in advising cohabitees on their legal rights.