Many people assume that they have legal rights, similar to married couples, if they cohabit and their relationship lasts for many years. Unfortunately, this is not necessarily the case and one of the most common legal myths is that surrounding the, so called, “common law wife”.
Whilst there have been many press reports concerning the Law Commission's publication of a consultation paper in May 2006 on the issue of cohabitation and the financial consequences of a relationship breakdown where people are unmarried, it may be some time before the law concerning cohabitation changes. A final report is due in the summer of 2007 and whilst there is clearly a momentum from various organisations, pushing for a change in the law, it may be some time before any legislation comes on the statute book. For the time being, this area of law remains complex and our advice is that, should you be contemplating a cohabitational relationship, particularly where there are children or property involved, you should seek early advice, as there is action that can be taken to prevent costly legal disputes in the event of the breakdown of your relationship.
We are able to advise cohabiting couples when they wish to clarify their legal rights and obligations prior to living with one another by producing for them a document known as a "cohabitation agreement" or “living togetheragreement". This can avoid future costly litigation.
Upon the breakdown of a cohabitational relationship, we can advise as to all the legal and financial obligations and rights arising out of the breakdown of the relationship, including property, maintenance, inheritance and other issues.
Where court proceedings become necessary, we have an experienced team of advisors with specialist knowledge in handling claims, including claims under the Trusts of Land and Appointment ofTrustees Act 1996, which enables the Court to make declarations as to the ownership of a disputed property.
We also conduct and issue claims under Schedule 1 of the Children Act 1989, which enables the Court to make awards for property, lump sums and maintenance provision for children (for further information see Children). We have substantial experience in conducting complex and high networth cases concerning cohabitees in the County Court and High Court.
