Many more people are choosing to live together but not get married.

Many of these relationships work very well indeed and offer an excellent background by which children can be raised.

However the law relating to dealing with problems when such relationships breakdown is varied and complex.

Unlike people who are married, contrary to belief of some, English law does not recognise the term 'common law wife or husband '.

This therefore means that it is possible that even though you have lived with someone for a number of years in a property which is owned solely by that person you may not have acquired any legal or financial interest in the property.  The law in this area is under review by the Government and there is some pressure upon them to consider introducing a single act of Parliament which deals with the breakdown of cohabiting opposite sex couples.

Even if the Government does decide to move in this area such legislation is unlikely to be in place for a number of years.

Therefore, it is extremely wise if you are embarking upon a cohabitation relationship and especially if you are buying property or intending to have children that you enter into a Cohabitation Agreement or Cohabitation Trust Deed which sets out the legal basis for the finances.

At Edwards Duthie we would be able to give you expert advice and guidance on what is best for you in such circumstances.  We would assist you in looking to what would hopefully be a very good future together and make long term plans which protect any children of the relationship.

The agreement can cover how you are going to conduct your financial arrangements whilst together but also in the event of the relationship breaking down as to how money and property is to be divided.  Such agreements will be binding and enforceable through the Courts provided each party has been full and frank with regard to their personal and financial situation and: each party has had the opportunity of obtaining independent legal advice and the arrangement is one that is fundamentally fair and takes into account the needs of any children.

Cohabitation Breakdown

The breakdown of a relationship of an unmarried couple poses exactly the same types of issues as would the breakdown of a relationship of a married couple.

Even though there is no divorce process to follow there is still often emotional upset and stress.  On the breakdown of a cohabitation relationship there are still issues of finance, property and importantly any children to be agreed. Even if the parties did not enter into cohabitation agreement as detailed above 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.

Here, as above, it is possible for us to advise and assist in the negotiation of an agreement as to how these matters are to be dealt with.  We can draft such an agreement in the terms that would make it binding and enforceable through the Courts.  Such agreements are very good at limiting areas of dispute and keeping costs down to a minimum.

Costs

The costs of negotiating and preparing a cohabitation agreement document would vary depending on the amount of work undertaken and the extent of the negotiations necessary.

However, charges would typically range from £500 to £2000 plus VAT.

Court Proceedings

If agreements cannot be reached by negotiation then it may be necessary for Court proceedings to be issued to determine any dispute. As the law presently stands separate proceedings would need to be issued to cover each specific area of dispute.

Children

Any issues relating to children are dealt with under the Children Act whether the parties are married or not. Please see link to the Guide to the Children Act and Children - Dealing with the Children sections for more specific details.

Property

This is one of the most complex areas of law and we strongly recommend that you obtain independent legal advice when considering your position.

Where property is jointly owned the situation is generally less of a problem.  Here the law is quite simple that unless there is a clear agreement or statement whether in writing or otherwise to the contrary the law assumes that jointly owned property is owned equally.

Either party can request that jointly owned property is sold and the Court will usually make an Order for sale unless there is an agreement to buy out the other parties share.  In some cases the Court will agree to postpone a sale of a home if it is to be used as a place for any children to live.

Such applications are dealt with under the Trust for Land and Appointment of Trustees  Act 1996. Please click on the link for more information about Trust for Land Act cases with children and Trust for Land Act cases without children.

Domestic Violence

The law relating to domestic violence and domestic abuse for co-habiting couples, former co-habiting couples or those who have been in any form of relationship is fundamentally the same as for married couples. The court can grant injunction orders to protect individuals including children who are subjected to violence, threats of violence and harrassment. Click here for further details.

Child Support & Finances

Even though parties are not married there is still an obligation on parents to support their children financially.

For further details please see Child Support Agency section.

Death of Your Partner

If your partner has died and you believe they have not made reasonable financial provision for you or your children then you may be able to make a claim against the estate.

Please contact us for further details.