Cohabitation and living together

Cohabitation and living together

Living together as a couple or as a family with children, without marrying, is an increasingly popular set-up across the UK. For those in long-term relationships, it is important to understand your cohabitation rights, as you do not have the same legal protections as married couples if you separate. We are here to provide clarity on your situation and help protect your interests at every stage of your relationship.

There is a common misconception that a ‘common law spouse’ exists to protect unmarried couples in England. This is not the case. English law does not automatically grant rights to unmarried cohabitants upon separation, unlike in some other countries. The claims you can make are much more limited than those for married couples.

Whether you are considering moving in together, starting a family or separating, there will be ways to help safeguard your current and future interests. We can advise you on:

  • Cohabitation Agreements – this is a legal document that outlines the rights and responsibilities of each partner during cohabitation and what happens if the relationship were to breaks down. It covers aspects such as property ownership, financial contributions, and arrangements for children. Our experienced family lawyers can assist in drafting a comprehensive agreement tailored to your unique circumstances
  • Financial claims on separation – advising on the limited claims available including property claims made by you or a partner
  • Claims relating to children – advising on child arrangements, securing housing and financial support for child maintenance

It is also important to recognise that the lack of rights for cohabiting couples also applies if one of you were to pass away, therefore making a will is also a crucial way to protect you and your family. We can work with our Private Client team to incorporate this into your planning.

We are here to guide you through the complexities of the law, ensuring you and your loved ones are protected and supported.

Key experience

Resisting financial claims on behalf of a father

We advised a father whose former partner had made significant financial claims on behalf of their daughter including in relation to housing, maintenance and a car. Having settled the child’s housing on very favourable terms for our client, and after the father had purchased a house for the child to live in, the mother sought a new property after the litigation had ended. We resisted, successfully, the claim for a new property and were able to minimise her further claims for an increase in maintenance partly on the basis that she was by then cohabiting with her new partner and new family.

A creative solution

We advised a father who wished to resolve litigation in relation to the housing arrangements for his child in a creative way. The settlement involved property being placed on trust for the child during his minority and then passing to them once they became adult, whilst giving the mother a life interest in it. This was a creative solution that enabled matters to settle amicably and avoid court.

Ex-partner buy out

We advised a client who sought to buy-out his ex-partner’s interest in their home, following the breakdown of their relationship. We conducted negotiations to establish the parties’ respective beneficial interests and to arrive at a fair purchase price. Resolved by solicitor negotiation.

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