Back 26 November 2019Why do I need a cohabitation agreement? Introduction Currently in the United Kingdom there is little protection for couples who live together without being married. Despite this fact, many people still believe in the enduring myth of the “common law marriage”. There is actually no such thing, and for this reason, regardless of how long a couple live together, there are no automatic rights for cohabitees on separation. For example, a separated partner cannot claim a share of a partner’s pension or make a claim for maintenance. There is, however, scope in certain circumstances for claims to be made in relation to the property in which a couple lived. For this reason couples often choose to clearly establish the parameters of how the property in which they live is legally owned, opting to draft a cohabitation agreement. Prior to cohabitation It is key to receive the right advice prior to commencing cohabitation. Moving in with your partner is a big step, but by seeking out sound advice from a qualified solicitor when a decision to live together has been taken, you are allowing for all available options to be explored. Exciting stuff! Here at Maguire Family Law we view a couple deciding to move in together, as couples embarking on an exciting phase in their lives. Our experience is that by engaging in sound financial planning at the outset, and openly discussing finances as soon as a couple have moved towards cohabitation, relationships can often become stronger. Drafting a cohabitation agreement may not be viewed as the most romantic thing a couple can do together, but by communicating intention and engaging in the process together couples are often empowered, and importantly if the worst was to happen and a relationship breaks down, each party’s interest in a property has been clearly established. It is also the case that an agreement can establish what will happen to individuals personal property owned both jointly and separately. Safety net Cohabitation Agreements are often used to fill the void created by the limited legal protection available to cohabiting couples. When entered into properly, cohabitation agreements should be formed by a court and therefore engaging the services of an experienced family lawyer is essential. The experienced solicitors here at Maguire Family Law will ensure that any agreement that we draft on your behalf affords you the maximum possible protection. Getting in touch with our expert family team will allow you to consider all of your options as a couple, and allow us to create your own bespoke agreement, offering you the confidence to move forward with your future lives together. For specialist advice on any family law related issue contact Maguire Family Law by email: james.maguire@family-law.co.uk or telephone: Wilmslow 01625 544 650 London 0207 947 4219 Knutsford 01565 743 300 Manchester 0161 537 2808 Categories Case Studies (20) Children (267) Divorce (506) Finances (175) International (46) Reported cases (36) Related News A Guide to Matrimonial Home Rights 7 October 2024 The Importance of Financial Disclosure in Divorce: What You Need to Know 27 September 2024 Can I obtain my partner’s financial papers myself? 12 September 2024