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Cohabitation Law in Chesterfield, Sheffield, Dronfield and Mansfield

Banner Jones provides the latest up to date information on Cohabitation Laws and guidance on Cohabitation Agreement.

The law treats unmarried couples differently from married couples. Our knowledge of this complex area of law can help you resolve your problems following a break-up with a cohabitation partner.

Your cohabitation rights means there is a lot that can be done to protect your interests, including your financial assets.

If there are children from the relationship, we can help you agree to arrangements for them.

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Cohabitations Agreements

Did you know the following cohabitation rights?

  • There is no such thing as a “common law” husband and wife
  • If a co-habitee dies, the survivor is not his or her “next of kin” and therefore may have to go to court to claim all or any of the deceased’s estate
  • You may not automatically be responsible for any surviving children of the relationship
  • A co-habitee does not automatically acquire an interest in his or her partner’s property simply by living there for a certain period of time; and that the law in this area is so complex that even Judges sometimes struggle to make sense of it
  • Even if you own property together, you may not own it equally (especially if it was bought before 1996) and that a recent case has stated that, in certain situations, the value of that house may not automatically be shared equally between former co-habitees

The Benefits of a Cohabitation Agreement

A Cohabitation agreement can help remove some of the above uncertainties. If you are going to live with a partner but not marry, it is sensible to create a cohabitation agreement which records your intentions about your assets and how you would share or divide them if your relationship broke up. At Banner Jones we can draft a cohabitation agreement which states your intentions and protects your financial assets, it is also beneficial as both parties are aware of their cohabitation rights.

Banner Jones Can Offer Expert Advice On Cohabitation Agreements

Our expert solicitors in Sheffield, Mansfield and Chesterfield are highly experienced and will treat each case uniquely depending on your circumstances. Our family law team are always on hand to provide support and advice on whether a cohabitation agreement is right for you. We ensure each of our clients receive the upmost care and consideration and can offer expert up to date advice on the latest cohabitation laws.

We have offices in Chesterfield, Sheffield, Dronfield, Mansfield and Nottingham.

Common Cohabitation Law Questions

He's got to keep a roof over our heads hasn't he?

Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return.

How soon can I file for a no fault divorce?

You can get divorced in England or Wales if all of the following are true:

  • you’ve been married for over a year
  • your relationship has permanently broken down
  • your marriage is legally recognised in the UK (including same-sex marriage)
What am I entitled to in a no fault divorce?

The aim when sharing out matrimonial assets is to be fair. Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work. Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party.

Will I lose touch with my children?

Your aim should be that both parents still play an active part in the raising of the child/children.  Usually parents sort this out amongst themselves, although if there are problems mediation can be a good way to resolve this.  Going to Court should always be the last resort where children are involved.

Will we have to go to Court during our divorce?

No, getting a divorce should be an administrative excersise only and there are many options open to you that avoid going to Court.

Cohabitation - My partner owns our home in their sole name, do I receive a share of this automatically?

Contrary to belief “common law” marriage does not exist, so there is no legal entitlement to half of the house, or even a share of any equity in the property. The law looks at what has been agreed and how the property is legally owned.

Cohabitation - We both own the property, but I put in more money, surely I get more back?

It depends on what you agreed in writing. When you buy a property, you decide what percentage you are each entitled to and if there is no agreement in writing, or any departure from 50/50 ownership, the answer would be no.

Should I get a cohabitation agreement if we are renting?

Yes, it is still a good idea to enter into a cohabitation agreement even if you are renting. In the agreement, you will set out who is responsible for the cost of rent, bills and expenses. You may also own other property together, such as a car or furniture. You may also have children to consider, either from a previous relationship or children that you have together. While you cannot make provision for care arrangements for children in a cohabitation agreement, it can be useful to manage money matters.

Cohabitation - My partner has children, would I be responsible for them if anything happened to them?

You have no automatic legal responsibility for any step-children if anything happens to either of you.

Cohabitation - If my partner was to die, but has no Will, would I receive all of their estate?

In the absence of a valid Will, you would not automatically be entitled to a share of their ‘estate’ and you would have to go to Court to make a claim.

What advice would you give to cohabiting couples?

If you are going to live with your partner as ‘cohabitees’, it would be a good idea to enter into a Cohabitation Agreement. This is an agreement between the two of you which sets out how you are to hold assets, and how assets are to be divided, should the relationship breakdown. This will provide certainty for you and your partner as to where you both stand

While many feel that making a cohabitation agreement is pessimistic, it is more like an insurance policy. Having such an agreement in place can allow you to move forward in your lives together with confidence and security.

How does cohabitation work?

The law treats unmarried couples differently from married couples. Your cohabitation rights mean there’s a lot that can be done to protect your interests, including your financial assets. If there are children from the relationship, we can help you agree on arrangements that will work best for them.

Our knowledge of this complex area of law can help you to resolve your problems following a break-up with
a cohabitation partner, with your case treated with compassion and respect from day one.

What are our cohabitation rights?
  • There is no such thing as a common law husband and wife.
  • If a co-habitee dies, the survivor is not his or her next of kin and therefore may have to go to court to claim all or any of the deceased’s estate.
  • You may not automatically be responsible for any surviving children of the relationship.
  • A co-habitee does not automatically acquire an interest in his or her partner’s property simply by living there for a certain period of time. (The law in this area is so complex that some judges struggle to make sense of it.)
  • Even if you own property together, you may not own it equally, especially if it was bought before 1996.


Want to know more?

Divorce and Family law

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