There are several reasons why couples choose not to get married, there may be financial issues, the parties involved may have had a negative previous experience or indeed it is quite common that people simply do not agree with the concept of marriage. Regardless of the reason for the cohabitation it is extremely important that both parties to the relationship are fully aware of their legal position.

There is a common misconception that there is such a thing as a common law marriage. Regardless of how long a person has lived with their partner, the law simply regards them as cohabitees. The rights afforded to cohabiting couples vary considerably to those given to couples who are married or have formed a civil partnership. Many people only discover their rights when the relationship has dissolved or their partner dies. By this stage it is of course too late, and it is likely that a legal battle will follow which amounts to a great deal of anxiety and tension.

Living together with no form of agreement can be of great detriment to you, if you and your partner opted to go your separate ways you would need to rely on the general law of implied trusts, estoppel and contract. This often leads to one cohabitant leaving a relationship without any financial security at all. If your relationship was to come to an end:

• You will have no automatic right to stay in the property if your ex partner is the owner of the property or the tenancy agreement is in their name.
• You will not be entitled to any maintenance for your own personal benefit from your former partner.
• You will each be entitled to your own savings and the possessions that you paid for, and where you bought things jointly you will be entitled to the share that you contributed. This will be disadvantageous to many, including those who stay at home to look after the children or take care of the house whilst their partner is the main breadwinner.
• If you are a father you may not have automatic parental responsibility.

Putting measures in place in case of break up is not a pleasant thing to think about. It is possible that you will never need to rely on such measures, however statistics show that less than 4% of cohabitations last for ten years, and nobody really knows what the future holds. It is therefore advisable to seek legal advice and consider a cohabitation agreement.

An increasing number of cohabiting couples are choosing to create cohabitation agreements. A cohabitation agreement can be referred to in the event that you were to separate from your partner, and may include the following:-

• Issues relating to children
• Maintenance
• Ownership of your home
• Ownership of property
• Agreement relating to the division of money and assets

You should also consider making a will to ensure that your partner receives your assets in the event of your death. Maddersons also provide this service. Other measures that can be taken include ensuring that your home is held in the way most beneficial to you (i.e. tenants in common in the appropriate shares or as joint tenants).

This is a complex area of law and is becoming increasingly relevant due to the number of couples choosing to cohabit. For further information on any of the above or if you would like to make a will or enter in to a cohabitation agreement please contact us:-

Call us now on 01992 444421 or you may email us at info@maddersons.co.uk