Currently, unmarried couples in England and Wales do not have any legal rights if they separate, this is very different to couples who are married.

Many couples believe that if they have been living together for a number of years then this is classed as a “common law marriage” and they are entitled to financial support and share of the other’s assets– this is not the case, under the current law their relationship has no legal status and could result in financial difficulty if the relationship broke down, or if one of them died. 

What would happen to the family home if we separated?

This would depend on how the family home was owned.  If it was jointly owned, then it would be divided in accordance with how it had been registered at the Land Registry. If it was owned in the sole name of one party, then they would retain this with no obligation to make any payment to the non-owner.   In circumstances where the non-owner has made significant financial contribution there may be some claim, but this is by no way guaranteed.

What if we have children?

Where there are young children, there is some protection under The Children Act 1989, however this is based upon the child’s needs and requirements and would only be available until the child reached 18 and would require Court proceedings to be issued.

Is there anything to protect cohabiting couples?

Where couples live together or are planning on living together, they can have a Cohabitation Agreement, sometimes known as a Living Together Agreement.  This sets out, amongst other things, how both parties will contribute to mortgage or rent and bills, and how assets should be divided if the parties separate in the future.  It can include how future assets should be divided, and arrangements for children, contents and pets.

I am already cohabiting is it too late to have a Cohabitation Agreement?

Whilst it is a good idea to enter into the Cohabitation Agreement before you and your partner live together, or at the early stages, there is nothing to prevent this being done at any stage in the relationship.

Once you have a Cohabitation Agreement it is important to keep it updated to ensure it remains relevant, this could be if further property is purchased, a child is born or one or both parties having significant changes to their financial position.

Is it a complicated process?

No, it is important that you and your partner have discussed and agreed arrangements so that he document correctly sets out wat has been agreed, and it is usual that it includes details of the assets of the parties on an open basis within the Agreement.

You will both have to sign the Agreement, in the presence of a witness, and it is advisable that both parties have separate independent legal advice upon the meaning and implications of entering in the Agreement.  This will help if either party seeks to depart from the terms in the future.

Is it legally binding?

Cohabitation Agreements or Living Together Agreements are legal documents entered into with a view to record evidence of intention, and in certain circumstances may be enforceable by the Court.  It is important the Agreement is properly drafted and executed and you have both been open and honest about your finances and each have obtained separate legal advice upon its terms and fully understand and freely agree to be bound by the terms.   It is important that the terms of the Agreement are also fair and reasonable.

Courts can depart from the terms of the Agreement in circumstances; however, it is an important document to have if you separate, as it sets out clearly what both of your intentions where, at a time when you were together, and this can be a very useful tool if one party seeks to change their position or allege no such agreement existed.  It is essential to get specialist legal advice to ensure the Cohabitation Agreement is tailored to meet your specific circumstances and needs.

If you wish to book in for an initial consultation to discuss your situation our family solicitors are based in both Wolverhampton and Cradley Heath and serve clients across the West Midlands.  For all new enquiries, please call 01902 328 355 or complete our online enquiry form and a member of our team will respond.