Many people believe that cohabiting couples acquire the same legal rights as married couples (the so-called “common law wife” myth). This is simply not true.
Whereas a married person can seek financial provision by way of maintenance, lump sum, property transfer and pension provision when a relationship breaks down, a cohabitee cannot seek such provision, unless the relationship took the form of a Civil Partnership (in other words, a registered same-sex relationship).
The main issues that arise when cohabiting couples separate are:
- The ownership of property held during the relationship
- Financial provision for children of the relationship
The law surrounding property ownership is complex and largely based upon trust law principles. We have considerable experience in handling such cases, including cases under the Trusts of Land Act and Appointment of Trustees Act 1996, under which the court can make declarations to resolve the ownership of property.
The law governing financial provision for children in these circumstances is set out in Schedule 1 of the Children Act 1989. We also have considerable experience in handling these cases, under which the court can, for the benefit of a child, make awards for a property, lump sums and, in some circumstances, maintenance.
If you intend to cohabit, it is clearly preferable that you consider how you will own any property before you move in together and seek advice from a solicitor before purchasing any property. We can advise in these situations.
We would also recommend that you consider asking your solicitor to help you prepare a Cohabitation Agreement (also known as a “Living together agreement”) which reflects how you intend to share the financial aspects of your relationship. This may avoid a great deal of uncertainty, and even litigation, should the relationship unfortunately break down.
It is essential that, should your relationship break down, you seek early advice. There are a number of options for resolving matters, including negotiation through solicitors, mediation or an application to the court.
We are members of Resolution, a nationwide organisation of family lawyers committed to resolving these issues in a constructive, conciliatory manner.
For advice and assistance, please contact Edward Cooke, the head of our family law department, at our Chichester office. We can also meet with you at our offices in Petworth, Billingshurst and Storrington.
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