TAILORED COHABITATION AGREEMENTS
If you and your partner are splitting up after having lived together without marrying, there could be more legal issues involved than you think. Call us 01733 333333 or email firstname.lastname@example.org to see how our family team can assist you.
More and more couples are choosing to live together without getting married. Some believe that their partners have no claim on their property at all. Meanwhile others cling to the myth of the ‘common-law’ husband or wife, as if cohabitation were the same as marriage. The truth of the matter is somewhere in between the two, the clarification of which our professionals can assist you with.
There are many types of living together arrangements and we are here to advise you on how best to protect your interests. Whether you are going into a new stage of your relationship, or are already a couple living together, we aim to help you to sort things out if there are difficulties within your relationship.
We want to ensure that you are aware of things that you may not have even considered and may affect you. For example, if you buy a property and live in it as a couple, your partner may have rights to it if they have contributed to the mortgage. They could have contributed to it directly, by simply sharing the mortgage bill, or indirectly, by paying for all the other household expenses like the utility bills or shopping.
Your partner may also have rights to the property if they paid for any structural repairs. For example, if they paid for the installation of a new bathroom and/or kitchen.
If you and your partner have children under the age of 18, the primary carer can make financial claims against the other parent under the terms of the Children Act. However, you cannot make a claim for spousal maintenance or for a share of your partner’s pension if you are a cohabiting couple as only married couples can do that.
This is a very complex area of law. If you are considering moving in with your partner, we can help you create a tailored cohabitation agreement covering arrangements for:
- financial arrangements and
- how assets will be divided if you split up.
It is not legally binding, but it will have a big influence if any conflict arises in the future. Particularly if you have both taken independent legal advice before signing the agreement.
You might want to consider either a pre-nuptial or cohabitation (Living Together) agreement. This will cover each person’s expectations (which are usually financial) but can include, within reason, anything you wish. We also have good experience of preparing post nuptial or separation agreements.
If you are in the process of splitting up, we can advise you on your legal rights and support you through the process of making a claim.
To find out more about cohabitation and how we can help you, get in touch with one of our family law specialists today.
WE CAN ADVISE YOU ON YOUR LEGAL RIGHTS AND SUPPORT YOU THROUGH THE PROCESS OF MAKING A CLAIM
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YOUR COHABITATION | FAMILY LAW | TAYLOR ROSE TTKW EXPERTS
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