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Chester Office: 01244 354 800
Liverpool Office: 0151 321 0000

Cohabitation

Clear, practical legal advice to help unmarried couples protect their financial position, understand their rights and plan for the future.

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Let us know how we can help and a member of the DTM Legal team will get in touch.

More couples are choosing to live together without marrying or entering into a civil partnership, but the legal protections available to cohabiting couples remain very different from those available to married couples.

There is currently no legal status of “common law marriage” in England and Wales, regardless of how long a couple has lived together or whether they have children. As a result, the breakdown of a cohabiting relationship can create difficult questions about property, finances and the contributions each person has made during the relationship.

Our Family Law solicitors advise individuals at every stage of a cohabiting relationship. We can help you put arrangements in place when moving in together or purchasing a property, understand your position during the relationship and resolve financial and property issues if you separate.

 

Cohabitation Legal Services

Our Family Law team provides practical advice to unmarried couples on protecting their position and resolving issues following separation.

Our services include:

  • Cohabitation agreements
  • Reviewing cohabitation agreements
  • Property ownership
  • Declarations of Trust
  • Financial contributions to property
  • Property disputes following separation
  • Jointly owned assets and liabilities
  • Arrangements involving children
  • Child maintenance
  • Future financial planning

Why Instruct DTM Legal?

The legal position of unmarried couples can be very different from what either partner expects. Our Family Law solicitors provide clear advice on your individual rights and help you understand how decisions about property and finances could affect you both now and in the future.

Where you are planning to live together or purchase a property, taking advice at an early stage can help you put appropriate arrangements in place before problems arise. We can help you identify what needs to be recorded and ensure that any agreement reflects your intentions and particular financial circumstances.

If your relationship has already broken down, we focus on understanding what you want to achieve and identifying the most practical way to resolve matters. Property disputes between former cohabitants can involve different legal principles from financial claims following divorce, making it particularly important to establish the ownership arrangements, financial contributions and available evidence at an early stage. The Government currently acknowledges that separating cohabitants do not have the same overarching statutory framework for dividing property and money that applies on divorce.

Where possible, we will help you reach an agreement without unnecessary court proceedings. If a dispute cannot be resolved through negotiation, we can advise on the legal remedies available and provide strategic support to protect your position.

We provide:

  • Clear advice on the rights of unmarried couples
  • Cohabitation agreements tailored to your circumstances
  • Advice on property ownership and financial contributions
  • Support protecting assets when moving in together
  • Practical advice following the breakdown of a relationship
  • Assistance negotiating separation arrangements
  • Advice on property and financial disputes
  • Support with issues affecting children following separation
  • A proportionate approach focused on achieving practical solutions
  • Strategic advice where court proceedings may be required

Get in Touch

Whether you are planning to live with a partner, purchasing a property together or dealing with the breakdown of a cohabiting relationship, obtaining legal advice can help you understand your position and protect your financial interests.

Our Family Law solicitors can prepare and review cohabitation agreements, advise on property ownership and financial contributions and help resolve disputes following separation.

To discuss your requirements, contact us by emailing family@dtmlegal.com or calling 01244 354 800 / 0151 321 0000.

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Key Considerations When Implementing or Reviewing Cohabitation Agreements

Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.

View Key Considerations

Frequently Asked Questions

Commonly asked questions concerning cohabitation, cohabitation agreements and separation when living together.

No. Under the current law in England and Wales, living together does not create a “common law marriage”, regardless of how long you have been together or whether you have children. Cohabiting couples do not automatically acquire the same legal rights and financial remedies as married couples or civil partners.

This can make it particularly important to understand how property is legally owned and to consider putting clear arrangements in place while you are living together.

A cohabitation agreement is an agreement between unmarried partners that can record matters such as how property is owned, how financial responsibilities will be shared and what should happen if the relationship ends.

An agreement can be particularly useful where one person is contributing more towards a property, one partner already owns significant assets or both parties simply want greater certainty about their financial arrangements.

We can prepare an agreement tailored to your circumstances and advise on the steps that can help give it the best prospect of being effective.

This depends on how the property is owned and the individual circumstances.

If you own a property jointly, the legal title and any Declaration of Trust can be important in determining your respective interests. In some situations, questions can also arise about beneficial ownership and the financial contributions made by each person.

If the property is owned solely by one partner, the other partner does not automatically become entitled to half of it simply because they have lived there for a long period.

We can review the ownership documents and the history of your financial arrangements before advising on your position.

Cohabiting former partners do not currently have the same general ability to claim ongoing financial support from each other that can arise following divorce.

Where you have children together, however, child maintenance may be payable. The Child Maintenance Service deals with payments towards a child’s living costs where the parents are separated, although additional court-based provision may be relevant in certain circumstances.

We can advise on the financial issues relevant to your particular family circumstances.

The timescale will depend on the circumstances, the complexity of the dispute, whether safeguarding concerns need to be investigated and whether agreement can be reached during the proceedings.

Current government guidance states that it usually takes around 10 months to obtain a court order, although individual cases may be shorter or considerably longer.

Where proceedings continue beyond the first hearing, the court may ask Cafcass to carry out a more detailed assessment and prepare a Section 7 report addressing the child’s welfare and best interests, which can add further stages to the process.

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