This is a sponsored blog post from Consilia Legal
The number of couples cohabiting has increased steadily over recent years whilst the number of people getting married has gradually started to decline. In 2018, 21% of couples that lived together were cohabiting rather than married or in a civil partnership. Couples who live together and have a stable relationship but are not married often believe they have a ‘common-law marriage’.
The concept of a common law marriage is however a myth.
Many are under the misconception that cohabiting couples who share a home and finances will have certain rights by virtue of their relationship as a couple. This assumption has left many people shocked and facing financial difficulties following the breakdown of their relationship.
Cohabiting couples who have not taken any steps to legalise their living arrangements and formalise a plan for how their finances would be dealt with upon separation are not offered any legal protection. Unfortunately, there are no specific laws relating to cohabiting couples upon separation. In cases of married couples, orders can be made by a court in relation to the sharing of assets, payment of maintenance and transfer of pensions. However, there are no such legal provisions available for cohabiting couples.
How to protect yourself
It is advisable to obtain independent legal advice before moving in with your partner. This can help you as a couple decide how the property should be owned, how associated bills can be shared and what would happen to any property and finances if you were to unfortunately separate in the future. This might include the provision of housing for you and any dependent children, payment of maintenance and the splitting of other assets.
Find out more about cohabitation
At Consilia Legal, we are able to help you avoid a situation where you are left financially unprotected and ensure you and your children are adequately provided for in the event of an unfortunate breakdown of your relationship. We can prepare a cohabitation agreement which is a document of the agreed arrangements between you and your partner both during your relationship and in the event that your relationship breaks down. Having a clear agreement at the outset will hopefully alleviate any issues should the relationship breakdown which in turn will hopefully save you time, money, stress and ensure that matters are dealt with fairly.
For more information in relation to cohabitation agreements please contact me at s.manning@consilialegal.co.uk or call me on 0113 3229222 to arrange a FREE consultation.
