What are our legal rights as a cohabitating couple?

Figures released by the Office of National Statistics report, 3.6 million cohabiting couples living within the UK in 2021. However, there is still a perception that a common law marriage exists by virtue of cohabitation and as such legal rights will follow. Sadly, this is not the case.

Unmarried couples in the UK have significantly fewer legal rights compared to married couples or civil partners. This can lead to complex legal issues, particularly in situations involving property ownership, child custody, and financial support.

Key legal issues for unmarried couples

Property Ownership - issues can arise where you co-own a property, or if only 1 of you is legal owner but the other partner contributes financially, they may claim an equitable interest.

Child Custody and Parental Responsibility - disputes can arise over parental responsibility rights, child arrangements, contact, and financial support.

Child Support - child maintenance payments can be enforced through the Child Maintenance Service.

Financial Support - unlike married couples, unmarried partners have no automatic right to maintenance. However, claims may be possible under certain circumstances, such as where there are children or significant financial dependence.

How we can help

Common instructions we receive from cohabiting couples include :

• Draft Cohabitation Agreements - legally binding agreements can outline how property, finances, and children will be handled in the event of a separation or death.

• Negotiate Property Settlements - if your relationship ends, we can advise on your position and help negotiate a fair division of assets. A separation agreement works in the same way as a cohabitation agreement in that it clearly sets out how items are to be divided.

• Court applications - with child custody disputes or financial support claims, we can help you obtain necessary court orders.

Reducing legal risk for unmarried Couples

The 2 most obvious ways to get things on a sound legal basis from the beginning are :-

• A declaration of trust relating to any property 1 or both of you own

• Consider a cohabitation agreement to outline your rights and responsibilities.

• Maintain records of joint finances and contributions to property purchases.

If you would like more information on cohabitation or separation agreements, please contact us by email or phone.