Cohabitation and Unmarried Family Solicitors in London

Defining cohabitation

Disputes concerning cohabitating couples and unmarried families often begin with a disagreement over whether the relationship was one of cohabitation. The legal definition of a cohabiting relationship is spread across statutes and common law.

Statutory definitions of cohabitation

Under paragraph 10C of Part 1 of Schedule 1 of the Child Support Act 1991, a couple is defined as “two people who are not married to, or civil partners of, each other but are living together as a married couple.”  In another statutory definition, section 62 of the Family Law Act 1996 defines cohabitees as “two people who are not married to, or civil partners of, each other but are living together as husband and wife or as if they were civil partners.”

Common law definitions of cohabitation

In family case law, judges examine the following factors when assessing whether a couple are cohabitees:

• Whether the couple are members of the same household and share daily life
• The intention and motivations of the couple
• The stability of the relationship
• Whether the couple shares finances
• Whether one partner provides financial support for their partner
• If the relationship is of a sexual nature
• If the couple has children together or if one party has taken on the responsibility for the children of the other party in the relationship
• If friends and family acknowledge the parties are a couple

Our cohabitation solicitors can provide you with the best and most up-to-date legal advice on whether you are in a cohabiting relationship and provide legal advice if there is a dispute between unmarried partners.

Cohabitation agreements – protecting your rights as a cohabitee

Cohabitation law is complicated. This means couples can buy a house together or move in with one another without realising the financial and property implications of living together as part of an unmarried family.

Unmarried couples solicitors recommend you take specialist cohabitation law advice on your rights before you move in with a partner to understand your rights as a cohabitee and that you protect yourself with a cohabitation agreement.

You need a cohabitation agreement if:

• You are renting together
• You are buying a property in joint names
• You are buying a property in your name but your partner plans to move in with you
• You are a homeowner and your unmarried partner is spending significant time at your home

If you do not have a cohabitation agreement and there is a property dispute when you split up your ex-partner could claim beneficial property ownership and a share of the equity even if their name is not on the title deeds and they are not on the mortgage. Equally, if you have separated after a 20-year unmarried relationship, you may have no right to a share in the equity in the family home because of how your family finances were structured and due to the complex nature of property and trust claims and how cohabitation family law operates.

Our cohabitation agreement solicitors can help you with a cohabitation agreement in London that protects your interests and ensures you understand how your family home and other assets will be safeguarded or split if you separate. A cohabitation agreement is individual to you so our cohabitation lawyers will ensure your agreement reflects your wishes and family circumstances.

Arrangements for children

Deciding who the children will predominantly live with and the contact arrangements is one of the most difficult aspects of separating.  Our experienced, compassionate cohabitation solicitors in London are highly trained in non-confrontational dispute resolution methods and will work with you to create the best child arrangements solutions to suit your unique family situation. If you cannot reach a parenting agreement a cohabitation solicitor can represent you in a court application for a child arrangement order.

Cohabitation and Unmarried Families FAQs

What is cohabitation?

Cohabitation is hard to define as you may think a partner is staying over with you while they may view themselves as a cohabitee with the rights of a common-law spouse. In other situations, where you have been living with your unmarried partner and your children in one family home it may be obvious that you are cohabiting. However, if there is no cohabitation agreement, you may have to go to court to resolve disputes between unmarried partners.

What is a cohabitation agreement?

A cohabitation agreement is a legal document drawn up by cohabitation agreement solicitors to set out your rights and how your property or other assets will be split if you separate. A cohabitation agreement can deal with aspects such as whether a partner will ever have an interest in the family home and be entitled to some of the equity, pet ownership if you split up or how your finances will be separated if your relationship ends. For example, car repayments, furniture loans or financial support or housing for young children.

Is a cohabitation agreement legally binding?

A cohabitation agreement is legally binding if it is carefully drawn up by a cohabitation agreement solicitor. If you have dependent children with your partner, your cohabitation agreement cannot prevent one partner from asking for child support or housing for the children (called a Schedule One housing claim). If your circumstances change after signing a cohabitation agreement it is sensible to review your agreement and amend it if necessary.

Is your partner entitled to anything if you are not married?

Whether your partner is entitled to anything if you are not married depends on property ownership and property and trust law. In some situations, a couple may have lived as husband and wife for years but the non-owning partner will not be entitled to a share in the home. In other scenarios, after a short relationship, one partner will be entitled to half the equity in the family home even if they did not contribute towards the deposit. That’s why it is best to sign a cohabitation agreement to protect yourself.

What are the rights of unmarried couples living together?

The rights of unmarried couples living together are more restricted than married couples or those in civil partnerships. In law, your cohabitee is not your next of kin. Your cohabitee has no legal rights if you lose the capacity to make decisions for yourself unless you have appointed them as your attorney in your power of attorney. Your cohabitee will not inherit if you pass away without leaving a Will. An unmarried father will not automatically have parental responsibility unless he is named on the birth certificate or has a parental responsibility agreement. It is possible to protect your partner if you are unmarried and living together. A cohabitation solicitor can advise you on the paperwork needed.

Am I entitled to my partner’s pension if we are not married?

If you are not married and you are separated from your partner, you cannot claim a share of your partner’s pension. The court can only make a pension sharing order or a spousal maintenance order if you were married or in a civil partnership. If your unmarried partner passes away then your rights to a share of your partner’s pension will depend on the pension scheme rules and if your partner made pension nominations.

Get in touch with our cohabitation solicitors today.

To see a cohabitation lawyer in London we can arrange an appointment to talk to you at our offices. If you prefer, we can speak over the phone or online via Web Conferencing such as Zoom or Skype. For expert help, contact our cohabitation solicitors in London.