Cohabitation Law

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.

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)

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.

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.

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

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.

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.

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.

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

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.

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.

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.

• 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.