Ending Cohabitation
The breakdown of a relationship for an unmarried or cohabiting couple presents exactly the same issues as would the breakdown of the relationship of a married couple. Even though there is no legal process such as divorce for a couple to follow when cohabitation ends, there is still equal emotional upset and stress, sometimes even antagonised by the lack of legal process.
As a result, often cohabitation can end in a very difficult and acrimonious way with neither party satisfied with the result and both often suffering an unnecessary amount of stress. It is therefore essential that a couple think about what they would want to happen if their relationship came to an end, so that each has certainty and protection in the event of a breakup.
A cohabiting couple is now just as likely as a married couple to buy property together, have children together, and make wills in each other's favour. It is human nature not to worry about things such as legal rights and protection whilst a relationship is going well.
However, cohabitees may be distressed to discover that they have little or no legal recognition of their position or financial protection when the relationship ends. When cohabitation breaks down there are still issues of finance, property and most importantly any children to be agreed. Even if the parties did not enter into cohabitation agreement whilst together it is still extremely wise for the parties to obtain separate legal advice as to how best to administer the financial and children matters on the breakdown of the cohabitation to ensure their respective needs are adequately protected.
It is generally much easier to think about arrangements that would need to be made if the relationship breaks down whilst the relationship is flourishing. If these arrangements are not thought about until the relationship ends then there is often a long and complicated battle. If your cohabiting relationship is breaking down or you just want some advice on how you can protect yourself in the future then call our Family Team and we will happily discuss it with you, free of charge and without obligation.
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