Many couples are now choosing to live together rather than get married, but what you might not realise, is that under English Law there is no such thing as a “common law” husband or wife. We have solicitors who specialise in legal matters pertaining to unmarried couples. We can guide you in legal matters arising from cohabitation and help protect your rights.
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Many couples are now choosing to live together rather than get married. There are around 4 million couples in England and Wales who have chosen to co-habit. It is important to note that unmarried couples who cohabit and who do not formalise their relationship through either marriage or civil partnership will have significantly fewer rights and less protection in law.
Cohabitation is a relationship where a unmarried couples live together. It is not always the case that living together is for 7 days a week.
There are around 4 million couples in England and Wales who have chosen to cohabit rather than marry or enter into a civil partnership. While this arrangement suits many couples, it’s important to understand that cohabiting couples have significantly different legal rights compared to married couples or civil partners.
Many cohabiting couples do not realise that under English Law there is no such thing as a “common law” husband or wife. A common law partner in the UK does not legally exist, nor are they legally recognised. However, the term usually refers to a couple living together.
Living together for a period of time, even if it is for many years, does not mean co-habitees acquire the same rights and responsibilities as a married couple, nor do they have access to the remedies available to married couples on the breakdown of their relationship.
Unmarried couples who live together do not have the same rights as married couples. For example, as you are not recognised by law as a couple, there is no automatic right to property or assets.
While this may of course suit many couples, in certain circumstances it can leave partners vulnerable should the relationship break down.
You should always take legal advice from our unmarried couples solicitors before living with your partner or separating from them to ensure all of your options are clear.
A cohabitation agreement is an agreement between parties living together, setting out their intentions regarding what happens to their assets (the home, contents) if they should separate.
If you live with or are about to start living with a partner then you may wish to draw up a cohabitation agreement to clarify the ownership of shared property and other assets to ensure that your partner and any children will be provided for, should anything unexpected happen.
Our cohabitation agreement solicitors can help you draft a comprehensive agreement tailored to your circumstances.
A typical cohabitation agreement will deal with issues including:
Cohabitation agreements are widely used and highly recommended to provide protection and certainty for couples living together but not marrying.
You should consider making a cohabitation agreement if you live with or are about to start living with a partner.
Whilst a cohabitation agreement is not automatically legally binding or enforceable in court, if the agreement has been made between partners who have both received independent legal advice from experienced cohabitation solicitors and there has been full and frank financial disclosure, then the agreement may guide the courts in any future litigation arising from a dispute.
If you are unmarried and split up after living together without a cohabitation agreement, the law is uncertain and quite a grey area. Applications to court may have to be made, which can be costly and time-consuming. Having a cohabitation agreement will define clearly what is to happen in the event of a couple splitting up.
Our cohabitation solicitors can help you navigate disputes if your relationship ends, whether or not you have a cohabitation agreement in place.
When an unmarried couple’s relationship breaks down, a separation agreement can help provide clarity and structure during a difficult time.
With long term relationships, especially where there are children under the age of 18, you should strongly consider trying to agree a legal separation agreement (also known as a Deed of Separation). Whilst this is not legally binding or enforceable in court, if the agreement has been made between partners who have both received independent legal advice from experienced cohabitation dispute solicitors and there has been full and frank financial disclosure, then the agreement may guide the courts in any future litigation arising from a dispute.
Our cohabitation dispute solicitors can help you negotiate and draft a separation agreement that protects your interests when your relationship ends.
For more information on separation agreements and the separation process, visit our divorce and separation page.
Cohabitation often involves similar legal considerations to marriage and civil partnerships. Our family law team can provide comprehensive support across related services:
If you’re considering marriage after cohabiting, our prenuptial agreement solicitors can help you protect assets you brought into the relationship or acquired while living together.
Our cohabitation solicitors work alongside our wider family law team to ensure you receive expert, tailored advice for your circumstances.
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Ideally, you should arrange a cohabitation agreement before you start living together or as soon as possible after moving in. This ensures clarity from the outset about ownership of assets and financial arrangements.
Yes, cohabitation agreements can be updated if your circumstances change. Our cohabitation agreement solicitors can help you review and amend your agreement as needed.
Without a cohabitation agreement, disputes over property ownership can be complex and costly. The law for unmarried couples is uncertain, and applications to court may be necessary to resolve ownership disputes.
Cohabitation agreements can address financial arrangements that may affect children, but they cannot override the court’s duty to prioritize the welfare of children in any disputes.
The cost of a cohabitation agreement varies depending on the complexity of your assets and circumstances. Our cohabitation agreement lawyers can provide transparent pricing based on your specific needs.
Yes, a cohabitation agreement can specify that business assets remain separate and are not considered joint property. This can help protect your business interests if the relationship ends.
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London
020 7481 2422Bromley
020 8464 4242Sevenoaks
01732 457 575Surrey
01372 750 100New Forest
01590 633 199
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