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Unmarried Couples - Cohabitation


An increasing number of people are deciding not to marry but to live together, many in the mistaken belief that there is a legal concept known as a "common law" husband or wife. English law does not recognise cohabitees as having any automatic rights with regards to finances or any children. This can have serious consequences for couples living together when they decide to separate. To obtain a degree of protection in the event of any subsequent separation unmarried couples should seek specialist legal advice before they cohabit.

This protection can be provided by-:

A Cohabitation (or Living Together) Agreement

This is similar to a pre-nuptial agreement for marrying couples and can provide protection to cohabitees who otherwise could be extremely vulnerable should their relationship come to an end.

The agreement can include such matters as-:

  • who owns property and its contents
  • responsibility for debts and expenses
  • who owns other assets
  • bank accounts
  • contributions to be made by each party

It is extremely important that both sides take independent legal advice before entering into any such agreement.

Parental Responsibility Orders

A mother automatically has parental responsibility for her children. A father only has parental responsibility if he-:

- is named on the birth certificate and the child was born after 1st December 2003, or

- is married to or marries the mother, or

- enters into a Parental Responsibility Order with the mother, or

- obtains a Parental Responsibility Order from the Court

Without parental responsibility a father may be unable to influence where the child lives, goes to school or where and when the child receives medical treatment.

Wills

Unmarried couples should ensure that they both make Wills before living together. This will provide the protection lacking under the intestacy rules. Any existing Wills should be reviewed to ensure that they cover the couples’ wishes when they plan to cohabit.

For our FREE guide to Cohabitation click here

Article - Intestacy Rules May Change for Cohabitants

For advice on the legal aspects of cohabitation please contact Clare Ellison   (clareellison@hhlegal.co.uk) or Sinead Connolly (sineadconnolly@hhlegal.co.uk) on 0800 371 407.