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:
- Making a Living Together Agreement (also known as a Cohabitation Agreement) to govern the day-to-day financial elements of your relationship.
- Making a Lasting Power of Attorney to ensure that that your partner is able to make decisions about your finances and/or personal welfare if you are unable to do so.
- Making 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.
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 for preparing any agreements. This is charged at:
- £250 + VAT – if you are meeting with one of our Partners or Legal Directors
- £200 + VAT – if you are meeting with one of our Senior Associates, Associates or Legal Executives
- £150 + VAT – if you are meeting with one of our Paralegals or Trainee Solicitors
- Resolution Accredited Specialists
- Law Society Family Panel & Advanced Family Panel members
- Law Society Children Panel Members
Additionally, in September, our team was shortlisted for the ‘Family Law Firm of the Year: Midlands and Wales’ award at the Family Law Awards 2021. The awards ceremony will be taking place on Wednesday 24th November 2021 at the Bloomsbury Big Top, London.
"Nelsons Solicitors Limited has an experienced family and children law practice, and is noted for its strength in cases with an international element. The family team...regularly advises high-net-worth individuals on financial relief cases. Melanie Bridgen, who heads up the children team, is experienced in complex children proceedings; this includes matters concerning international relocation, parental alienation and non-accidental injuries."Legal 500
“Accomplished practice noted for both matrimonial and childcare matters. Appropriately equipped to assist with public and private children law, including adoptions, child abductions and non-accidental injury cases. Active in high-value financial remedy matters, including those involving trusts, commercial assets and cross-border aspects.”Chambers & Partners
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