When cohabitees separate they potentially face the same painful experiences that a married couple face. Therefore, in the event of a separation there will be various issues to address. Broadly speaking, these issues may concern any children, financial provision for the children and the redistribution of finances and any assets between the individuals themselves.
The law does not currently allow unmarried partners on separation to make financial claims in the same way as married partners. The only rights belonging to cohabiting partners relate to ownership of property and financial claims on behalf of any children of the family.
Our family solicitors can guide you in understanding your rights and how to move forwards after the breakdown of a cohabitee relationship. If you are involved in a dispute with a former partner to whom you were not married then we can assist you in resolving these issues.
Cohabitation agreements
Because unmarried couples have fewer legal rights than married couples, many clients may benefit from a cohabitation agreement, setting out their intentions in relation to property and any other assets they own. It can give a couple the peace of mind that each person will be treated fairly and can help avoid conflict if they decide to separate.
We often advise and prepare agreements for clients who want an agreement before they move in together or if their circumstances are changing, for example if they are having children or obtaining a mortgage.
A carefully considered agreement can help to prevent post-separation disagreements and unnecessary litigation over a number of critical issues.
Why Harper & Odell?
At Harper & Odell, using our detailed expertise, we can draft agreements to meet your individual needs and circumstances. We can also advise you on the issues you should consider, where you stand legally and how a court would view your arrangements. We provide a full and personalised service to make drawing up an agreement simpler.
If you are considering moving in with your partner and need advice about cohabitation agreements, we can help you take the next steps to protect your interests.
Is a Cohabitation Agreement legally binding?
This kind of agreement is not legally binding on its own, but a court will usually follow the instructions and provisions it includes as long as the agreement is properly drafted, with both parties receiving independent legal advice and is fair to both parties.
Contact Our Family Lawyers Today.
To speak to one of our lawyers about your family law issues, call us today on 020 7490 0500 or complete our online enquiry form and we will get back to you right away.