Specialist Cohabitation Agreement Solicitors

Many cohabiting couples believe that their relationship would be legally recognised as a ‘common law marriage’, granting similar levels of legal protection to married couples if their relationship were to break down or their partner died. However, there is no such thing as common law marriage in England and Wales. As a cohabiting couple, your relationship has no formal legal status.

The laws governing the financial and property rights of unmarried couples are complex and can lead to surprising and unfair results.

Getting a cohabitation agreement can protect you from unfair outcomes and even the need to go to court should you separate or one of you pass away. This is particularly important for unmarried couples who buy property together or have children. A cohabitation agreement can also support your relationship by alleviating concerns and preventing disagreements over what might happen in the future as it encourages open and honest discussions regarding the finances and future arrangements at the outset of your relationship.

Exceptional service

We understand how sensitive and challenging drawing up a cohabitation agreement can be. We make the process easy to understand, working closely with you to ensure it meets your unique requirements.

Trusted experts

We have extensive experience in drafting cohabitation agreements and advising on drafts prepared by other solicitors. We have a network of lawyers from other firms that we regularly work with on these cases (each lawyer representing one client), which can make the negotiations easier for both parties.

This largely depends on how you hold the property. You can hold properties in the following ways. If you are unsure how you hold the property, then the first place to look would be the Office Copy Entries. Please contact one of our solicitors if you are unsure.

Joint Tenants

If you own the property as joint tenants, then you have equal rights to the whole of the property and the property will automatically go to the other owner if you die. You cannot pass on your ownership of the property in your will.

Tenants in Common

This means you own the property in defined shares – for example, 70%–30% or 20%–80%. In this case, there would usually be a declaration of trust that would set out your percentage ownership. This means you’d be likely to get a share of the property that reflects the percentage you hold. Your share does not automatically go to the other owner if you die and you can pass on your share of the property in your will.

Sole Ownership

If one party is the sole owner of the property, the starting point is that the other party will have no claim over it unless they can show they made monetary contributions directly to:

• The purchase of the property e.g. the deposit

• Paying mortgage instalments or part of these

• Funding significant home improvements

After separating, most claims will be dealt with via the Child Maintenance Service. However, if the non-resident parent earns £156,000 or more gross per annum, the parent with care of the child can make an application to Court under Schedule 1 of the Children Act 1989 for financial provision for the benefit of the child. This can include:

1. Top-up maintenance (only once a maximum assessment has been undertaken by the Child Maintenance Service)
2. Payment of school fees
3. Lump sum(s)
4. A “carer’s allowance” e.g. for childcare costs/a nanny/running a car to transport the child
5. The purchase or transfer of a property to the parent with care of the children, which will be returned to the parent who funded it when it’s no longer needed by children – usually when they have finished their education or reached majority

The Court’s power also extends to making orders for periodical payments and lump sums for children over the age of 18 in full-time education or where there are special circumstances, such as disability.

What does the court base their decision on?

The Court must have regard to “all the circumstances of the case”, including:

a) The income, earning capacity, property and other financial resources each person has or is likely to have in the foreseeable future

b) The financial needs, obligations and responsibilities each person has or is likely to have in the foreseeable future

c) The financial needs of the child

d) The income, earning capacity (if any), property and other financial resources of the child

e) Any physical or mental disability of the child

f) The manner in which the child was being, or was expected to be, educated or trained

The Court will take into account the non-resident’s resources and will consider the standard of living between the parents.