Cohabitation

There is a common belief that if you live with someone for a certain length of time you become “common law man and wife”. This is incorrect because there is no such concept in law. Instead, unmarried couples who live together are known as “cohabitees”.

Unmarried couples living together, whether with or without children, are the fastest growing family type in the UK. Despite this, it is much less common for cohabiting couples to take any form of legal advice prior to the cohabitation, or even at the point of separation. This means that many people have either an incorrect or incomplete understanding of their legal rights.

If you are look to cohabit and/or buying a property together, there are steps that you can take to protect your position in the event that the relationship fails and you subsequently choose to separate. A cohabitation agreement can save a lot of heartache and cost in the event that a relationship does not work out. This is because they can regulate how assets and income are to be dealt with. At Eric Robinson Solicitors, we can provide you with a cohabitation agreement to suit your specific needs.

When a period of cohabitation comes to an end there is no one single piece of legislation or law that a separating partner can use in order to resolve property, financial and/or children issues. For example, where parents are not married or civil partners, it is still important to consider the financial arrangements for children. This is often left to the Child Maintenance Service, but in certain cases the children are entitled to financial provision from the wealthier parent to help with matters such as accommodation, school fees, care and so on. This can sometimes also include the provision of maintenance when a child goes on to university or further education.

If you have been cohabiting, and are in the process of separating, the team of expert lawyers at Eric Robinson Solicitors are here to assist.