There are many couples today who choose to live together and have children outside of marriage. Unfortunately though, there appears to be a common misconception (whether there are children in the relationship or not) that this places a couple in the relationship of so called common law husband or wife, with similar rights and obligations to a husband and wife. This is not the case.
The legal status of cohabitees (people who live together but are not married) can be unclear and this can lead to a dispute later as to who owns what if the relationship breaks down.
A sensible move is to have a Living Together Agreement drawn up which makes it clear who pays the mortgage and other household bills and what the asset division would be upon separation. This puts the relationship on a surer footing and can save a lot of anguish and potentially a great deal of money, if these issues have already been agreed. Preferably this should be done before the parties start to live together.
Need cohabitation agreement advice?
At Bray and Bray we have the specialist knowledge to advise you on whether you should consider having a Living Together Agreement. We can also advise you if you do find yourself in a situation where you and your partner are about to separate or have separated and you believe you may be entitled to an interest in the home you share or shared.
If you would like to speak with a solicitor in our specialist family department, about cohabitation or resolving the financial issues associated with separation, then do not hesitate.