An unmarried couple in a long-term relationship who live together are defined as a Cohabitating Couple. Cohabitation is currently the fastest-growing family type in the UK at 3.3 million. The increase may be the result of a shift in attitudes towards marriage and an increasing trend for couples to live together before marriage, or to not marry at all. The increase in the number of couples moving in together highlights a necessity for couples to understand the legal implications of their situation.
Whilst many people are quick to assume it, cohabitating relationships are not actually legally recognised as ‘common law marriages’, therefore if the relationship between a cohabitating couple breaks down or one of the partners passes away, the other partner has very little legal protection. Married couples or those in Civil Partnerships have automatic legal rights to financial support and a share of the assets such as the family home, bank accounts and pensions. Whether a cohabitating couple have lived together in a jointly owned home for 3 years or 30 years, they still have no automatic rights. Whilst they may be able to argue that they made financial contributions, it can sometimes be very difficult to produce evidence of financial contributions of a significant amount. Supermarket receipts and household bills are not classed as sufficient evidence.
Many people continue to pursue cohabitation without realising its implications and therefore fail to protect their interests. In order to ensure that the finances and contributions towards joint assets are legally protected, a Cohabitation Agreement should be drawn up which will provide partners with financial interests if the relationship was to dissolve. By having a Cohabitation Agreement, it will allow you to have control if anything was to happen. There will be no discrepancies and it will establish what will happen to you, any property, children and assets. If disputes arise and a Cohabitation Agreement is not in place, the situation may have to be addressed in a Court and a Judge will determine what is fair.
Cohabitation differs to marriage in more ways than people may often assume. Unlike marriage, if there is not a Cohabitation Agreement in place, cohabitation can be ended simply and informally with no obligation to divide assets in a certain way or to support each other financially after the breakup. In the event that a partner dies, the surviving cohabitating partner has no claim to the estate. For cohabitating couples with children, the father is not entitled to legal presumption of paternity. They may be required to establish paternity; however the father does not have an immediate legal obligation to support children born during the cohabitation, but if paternity is established this becomes obligatory.
If you are in a cohabitating relationship, we recommend that you draw up a Cohabitation Agreement to protect your interests and outline your intentions for the future, leaving you with fewer worries as the relationship progresses. To do this you will require the expert advice of our Matrimonial Executive who has extensive experience and knowledge in this complex field of Law. Maria often provides advice regarding cohabitation to couples living in Skegness, Boston, Lincoln, Spalding, Sleaford and beyond. To get in touch call Hodgkinsons on 01754 897150 or submit an online form and Maria will contact you.