Many couples choose to live together as cohabitees without formalising their relationship by getting married or entering into a civil partnership.
Many people do not realise that if you choose to live together then you do not automatically acquire rights in the event of a relationship breakdown. Contrary to popular belief, there is no such thing in England & Wales as a "common law" husband or "common law" wife, even if you have been living together for many years.
If you and your partner choose to live together it is therefore important to obtain legal advice. The law relating to cohabitation, whether the couple is heterosexual or same sex, is very complex. For this reason, cohabitation agreements which define ownership of property and regulate payment of mortgage and outgoings, are strongly advised. The Courts may regard these agreements as binding in appropriate circumstances.
A cohabitation agreement can help protect a couple if their relationship breaks down. An agreement can help clarify the couple's financial commitments, outline each person's share in any property, what arrangements might be made for financial support and parental responsibility for any children. Margaret Hatwood is a Resolution accredited specialist in cohabitation disputes and can advise on these matters.
If you are buying property with your partner, it is important that you seek advice before you finalise or complete your purchase. It is possible for the property to be held in a way that reflects your respective contributions. Depending on individual circumstances, it may be advisable for a trust deed to be drawn up. Anthony Gold has a highly experienced property team who will be happy to advise you.
Even if you are living together you are not considered to be your partner's next of kin, so we strongly recommend that you make Wills to ensure that you make adequate provision for each other in the event of death. Our specialist Wills team will be happy to advise you on this, not only on the Wills themselves but also in the nomination of pension death benefits and the making of Living Wills and Advanced Medical Directives. The team are also specialists in same sex Wills.
