Legal protection for cohabiting couples
It’s a popular myth that the law applies to common law husbands or wives or couples living together just as it does to married couples.
However, according to cohabitation law no matter how long a couple has been living together, they will never acquire the same rights as a married couple or civil partners. The problem for couples living together is that many of them only find this out when their relationship has broken down or their partner has passed away.
Unmarried couples and cohabitation law – How can I protect myself?
If you decide to live with your partner but choose not to get married or enter into a civil partnership, you should protect your interests to reduce the legal and financial problems which may crop up if you decide to separate or if one of you dies.
At Nelsons, we are able to advise on the following documents which should provide you with greater protection:
- Make a living together agreement (also known as a cohabitation agreement) to govern the day-to-day financial elements of your relationship. For further information on this type of agreement, please see below.
- Make a Lasting Power of Attorney to ensure that your partner is able to make decisions about your finances and/or personal welfare if you are unable to do so.
- Make a Will to ensure that your partner is provided for in the event of your death. If you fail to provide for your partner in your Will then he or she may not receive anything.
If you have children, you need to consider that the law provides that a mother automatically has parental responsibility for any children, and a father may have to obtain a parental responsibility order from the Court.
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How Nelsons can help with cohabitation agreements
We offer a range of options to couples looking to create a living together/cohabitation agreement. If you would like the reassurance of a face-to-face discussion, our team of specialist solicitors are happy to meet with you.
If you would like to meet with one of our experienced family solicitors to discuss a living together/cohabitation or parental responsibility agreement, we offer fixed-fee appointment options depending on the level of advice you require.
For each option, one of our legal experts will meet you and give you a full assessment of your situation and explain what your legal rights and options are, as well as the cost of preparing any agreements. This is charged at:
- £300 + VAT – if you are meeting with one of our Partners or Legal Directors
- £250 + VAT – if you are meeting with one of our Senior Associates, Associates or Legal Executives
- £200 + VAT – if you are meeting with one of our Paralegals or Trainee Solicitors
Our expertise
At Nelsons, we have one of the largest teams of specialist family solicitors across the East Midlands with experts in Derby, Leicester and Nottingham, who can advise on cohabitation law.
Our expertise in family law is recognised by the independent directories, The Legal 500 and Chambers and Partners. The team also includes:
- Resolution Accredited Specialists
- Law Society Family Panel & Advanced Family Panel members
- Law Society Children Panel Members
Please contact us on 0800 024 1976 or via our online form to discuss how our expert solicitors can help you with a living together/cohabitation agreement, Will or Lasting Power of Attorney.
FAQs regarding cohabitation agreements
Below, we have answered some regularly asked questions regarding cohabitation agreements.
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What is a cohabitation agreement?
Cohabitation or living agreements are most commonly entered into by partners who intend to live together but are not married or in a civil partnership. They usually record what a couple have agreed should happen to property and finances, and what the arrangements should be for any children, should the relationship break down, or if one of them becomes ill or dies. A family law solicitor can help prepare a cohabitation agreement and make sure it is legally binding.
Preferably they should be prepared before the couple move in together but sometimes are prepared later when planning a family, for instance, or if there is a change in financial circumstances. Cohabitation agreements can address property, investments, pensions, life insurance and even assets such as cars, furniture, and jewellery. They can record agreements in respect of payment of rent or mortgage payments and bills.
Cohabitation agreements can also be prepared when people are not romantically involved and can be useful, for example, when friends or siblings intend to live together.
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What are the advantages of having a cohabitation agreement in place?
As mentioned above, it is a common misconception that a couple automatically acquires the same rights as a married couple when moving in together and many people mistakenly believe that living together for a period of time, or having children, means that they will be treated in the same way as a married couple in the event of separation or death. However, regardless of how long the couple has been living together, they have very few rights and they will never acquire the same claims relating to pensions, maintenance or property that can be pursued upon divorce. This can be devastating if there are children involved.
It is, therefore, advisable for couples to consider entering into a cohabitation agreement, preferably alongside a Will, to set out how they will share their property investments and pensions and their financial responsibilities with one another. Cohabitation agreements can provide certainty and avoid any dispute. For example, as to interests in a property in which a couple have lived, which could result in litigation and significant legal costs.
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Can a cohabitation agreement be changed once it’s created?
Yes, you can agree that your cohabitation agreement is reviewed periodically and if there is a significant change in circumstances, such as the birth of a child.
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Can a cohabitation agreement apply to rented properties?
Although they are commonly created for couples buying a property or moving into a property owned by one of them, a cohabitation agreement can be created for those renting a property and can specify responsibility for rent, insurance, and utility bills.
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Has there been an increase in cohabitation agreements?
There has been a significant increase in the number of cohabiting couples but unfortunately no corresponding proportionate increase in the number of cohabitation agreements. There are still significant numbers of couples who are unaware of the precarious position they might find themselves in or of what they can do to provide security and certainty. Therefore, it is recommended that anyone who is considering cohabiting or who is already cohabiting should take legal advice.