Unmarried Couples and Living Together
When any relationship breaks down, often the issues that arise will centre around any children and finances. The legal position on issues concerning children, and on any separation, be you married or unmarried, are largely the same. However, the financial position can be drastically different for an unmarried couple. This is why early advice from a cohabitation solicitor is so important, and why many couples choose to put a cohabitation agreement solicitor-drafted agreement in place to protect their interests from the outset.
Our holistic approach
The law relating to cohabiting couples is often complex, especially when property ownership is shared. A lot depends on how you originally set up your financial arrangements, so we take our time to establish a clear financial history throughout your relationship, giving us guidance on how to proceed.
When children are involved, we know that a different approach may need to be taken, for example, the sale of a property may need to be deferred for their benefit. We will look at all the circumstances and help you to put together a clear roadmap for your future.
Considering the future
Although we’ll do everything we can in the event of a relationship ending, we know that prevention is often better than cure. If you’re about to engage in a new relationship and start living with someone, it’s worth considering a ‘living together’ agreement – similar to a pre-nuptial agreement – to prevent any unpleasant or costly disputes later down the line.
We have substantial experience in creating these agreements, taking property and financial assets into account, and with the help of our Private Client team help you to draft or change your will accordingly.
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Frequently Asked Questions
No. Despite a common belief otherwise, unmarried couples legal rights are significantly more limited than those of married couples, particularly when it comes to property, finances, and inheritance. There is no automatic entitlement to a share of your partner’s assets or income simply by living together, regardless of how long the relationship has lasted. A cohabitation solicitor can explain exactly where you stand and what steps can help protect you.
No, this is one of the most persistent misconceptions in family law. The common law marriage myth leads many couples to wrongly believe that living together for a certain period grants them the same legal rights as marriage. In reality, no such status exists in England and Wales, no matter how long you’ve lived together or whether you have children. A cohabitation solicitor can advise on the real legal position and how to protect yourself properly.
A cohabitation agreement solicitor helps unmarried couples put a legally recorded agreement in place setting out how property, finances, and other assets would be handled if the relationship were to end. This is particularly important given how limited unmarried couples legal rights are by default, since a clear agreement can prevent costly and stressful disputes later, especially where one partner has contributed more financially than the other.
This depends largely on whose name the property is in and what, if any, financial contributions each partner made. Unlike married couples, unmarried partners have no automatic right to a share of the home simply through the relationship itself. A cohabitation solicitor can advise on what claims may be available based on financial contributions and conduct, and how a cohabitation agreement could have prevented uncertainty in the first place.
Yes, arguably more so. Since unmarried couples legal rights offer far less automatic protection than marriage, a cohabitation agreement is one of the clearest ways to safeguard your position, particularly if you own property together, have unequal incomes, or one partner gives up work to raise children. A cohabitation agreement solicitor can ensure the agreement reflects your specific circumstances and stands up if it’s ever needed.