Cohabitation

On the topic of cohabitation, our team of expert Relationships Solicitors can help cohabitants with:

• Cohabitation agreements
• Declarations of Trust
• Severing Joint Tenancies

Contrary to what friends and others may tell you, there is no legal recognition of the term ‘common law’ wife or husband and no legal rights are gained by people simply living together, however long that may be for.

Entering into a cohabitation as a couple in the UK entails important legal considerations and implications that individuals should be aware of to protect their interests. The number of people who have cohabited at some stage of their lives is now probably at least equal to or greater than the number who have ever been cohabiting, or married or in a civil partnership. However, the legal rights and obligations of cohabiting couples differ significantly from those of married couples, and a lack of understanding around this can lead to unforeseen consequences. Let’s explore the key legal considerations and implications for cohabitants in the UK, with a focus on financial arrangements, property interests, children, and the death of one of the parties.

Financial arrangements are a critical aspect of cohabitation. Unlike married couples, cohabitants do not have automatic financial responsibilities or entitlements to each other’s assets or income. Cohabitants are advised to enter into a cohabitation agreement, a legally binding contract that outlines their financial arrangements, including contributions to household expenses, property ownership, and potential financial support in the event of separation. A well-drafted cohabitation agreement can provide clarity and protect the financial interests of both parties.

Property interests can be particularly complex for cohabitants. The ownership of property is determined by land and property laws rather than the fact of cohabitation. If a property is solely owned by one partner, the other may not have automatic rights to it, even if they have contributed financially. To protect their interests, cohabitants should consider entering into a declaration of trust or a joint ownership agreement, clearly defining the shares of ownership and the financial contributions of each party. This can help avoid disputes and provide legal protection in the event of separation or death.

When it comes to children of the relationship, cohabiting couples have similar legal responsibilities and rights as married couples. Both parents have parental responsibility for their children, and decisions regarding the child’s welfare, education, and medical care should be made jointly. A parental responsibility agreement or, if necessary, a court order may be required in the case of dispute. In the event of separation, cohabiting parents should also consider living arrangements, contact rights, and financial support arrangements.

The death of one of the parties can have significant legal implications for cohabitants. Unlike married couples, cohabitants do not have automatic inheritance rights. If a cohabitant dies without a valid will, their assets may not pass to their surviving partner. It is crucial for cohabitants to make wills that clearly state their intentions regarding inheritance and provision for their partner. Without proper estate planning, the surviving cohabitant may face potential financial hardship and legal challenges.

The implications of cohabitation differ for first-time cohabitants and those cohabiting later in life after previous marriages and children from former relationships. First-time cohabitants may have fewer financial entanglements and obligations, making it relatively easier to disentangle their affairs in the event of separation. However, cohabitants entering into a new relationship later in life, particularly after previous marriages and children, may face more complex financial considerations. Existing financial commitments, property ownership, and child support arrangements from previous relationships can intertwine with the cohabitation, requiring careful legal planning to ensure the protection of all parties involved.

In summary, entering into a cohabitation as a couple in the UK requires careful attention to legal considerations and implications. Cohabitants should be aware of their limited financial and property rights, consider entering into cohabitation agreements and declarations of trust, establish legal parentage for their children, and create valid wills to protect their interests. Seeking legal advice and guidance from professionals specialising in family law is essential to navigate the complexities and potential unforeseen consequences of cohabitation in different circumstances.