Skip to main content

Cohabitation Law Frequently Asked Questions

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.

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.

What is involved in the Collaborative Law process?

The process is based upon each party having their own collaborative family lawyer. Progress is made in a series of four-way meetings, face to face, sat round the table. There are no letters or phone calls except to arrange the meetings and to circulate the minutes of those meetings. Both parties and their Collaborative lawyers as well as making a commitment not to go to court, agree to a set of basic ground rules. Negotiations are based upon full financial disclosure, and when needed, other jointly instructed neutral professionals (such as accountants) can be brought in to assist in the process.

Solutions are based upon the parties’ interests and needs rather than conflicting positions. Sometimes only a couple of meetings are needed, sometimes four or five. These meetings can be close together or widely spaced depending upon your individual circumstances. The choice is yours. Once agreement is reached, your Collaborative lawyer will make it binding for you and put the agreement into effect. For couples and families who genuinely seek a fair solution and want to minimise the pain of family breakdown, Collaborative Family Law may offer the best approach.

What is the Collaborative Divorce process and how is it different?

Couples who decide to go down the route of collaborative family law sign an agreement not to go to court but to meet face to face reaching a fair and balanced outcome. The benefit of the collaborative divorce process is that it is non-court based therefore it allows you to:

  • To control the pace, timescale and outcome of your discussions
  • To find a solution bespoke to your own circumstances
  • To give careful consideration to complicated business, family business or high value investment interests
  • To work with other specialist advisers such as accountants, financial advisers and pension experts jointly with your partner if required
  • To keep things as amicable as possible (which is particularly important where there are children involved)
  • To avoid conflict and deal with your separation in a dignified manner
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.

Talk to our team

We take data privacy very seriously, and we want you to understand and feel confident about how we collect, store and handle your personal data. If you’d like to find out more you can read our Privacy Policy.