Beginning Cohabitation
People have long talked about "common law marriage” - a couple living together for ages without having been formally married. Many also believe that lengthy cohabitation in some way equals marriage, bringing with it equal rights, responsibilities and security in the event of the relationship breaking down.
You may be surprised to learn that in fact, legally, there is no such thing as common law marriage. People living together is just that - co-habitation. It brings none of the rights that marriage brings - rights to each others' wealth and assets in the event of a separation, for example. Whilst cohabitation is becoming an increasingly popular living arrangement in the 21st century the law is taking some time to catch up and it continues to afford more security to married rather than unmarried couples.
It is also a commonly held but mistaken belief that one party can acquire the equivalent to married person rights simply because of the length of cohabitation. Cohabiting couples do not have any more legal rights than flat mates, friends, or siblings who live together and certainly do not have anywhere near the protection afforded by law to married couples or those in a civil partnership. This can cause significant difficulties when a cohabiting relationship breaks down as the laws governing cohabitation can be varied and complex.
We are able to advise on all aspects of cohabitation both at the outset of the relationship and also in the event of a relationship breakdown. We can also work with you on how to avoid cohabitation issues arising in the future by entering into cohabitation agreements as soon as cohabitation begins. Advice on these issues is also offered to same sex couples.
If you are embarking upon a cohabitating relationship and especially if you are buying property together or intending to have children, we would strongly recommend that you obtain legal advice. You can read all about our cohabitation advice services below; and if you are interested in finding out more then please feel free to call our Family Team and we will happily discuss it with you, free of charge and without obligation.
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