At Arthurs Solicitors you will receive specialist advice on all areas relating to cohabitation, including your rights of ownership and occupation of your home and any arrangements to be made for your children.
The law relating to couples that cohabit without getting married is different to the law that relates to marriage. Contrary to popular belief there is no such thing as a “Common Law Spouse”, this is a myth.
Unmarried couples who wish to separate are not in the same legal position as married couples, or those in a civil partnership. This a complicated area of law. If you are living together as an unmarried couple and wish to separate you should seek legal advice.
A sensible safeguard when unmarried couples live together would be to enter into a ‘Cohabitation Agreement’, which records how assets will be split upon the breakdown of the relationship.
A Cohabitation Agreement can record various financial arrangements, both during your relationship and arrangements upon the breakdown of relationship. Cohabitation Agreements are not binding or enforceable but are useful to record agreed intentions between you and your partner.
Declaration of Trust
We can advise and assist you in relation to the future division of your shares in property, and with respect to assets held by you and brought into the relationship prior to your relationship commencing, and for this to be recorded in a Declaration of Trust.
If you and your partner have decided to separate you may want to record any agreed financial arrangements. A separation agreement will document the agreed arrangements.
Where there are children involved, our family solicitors can advise on making appropriate property and financial provision. The parent with care of any children of your relationship can make an application to the Child Maintenance Service for child maintenance. We can also advise on arrangements for your children on the breakdown of your relationship.