“As a specialist Family Law firm you can be assured of the best possible advice, client care and outcomes”
Amy Walklate of Amy Walklate Family Law has extensive experience for acting and advising parties who are or intend to live together and upon their rights in the event of their relationship breaks down.
Cohabitees
Parties who cohabit, live together as if they were man and wife but have not entered into marriage or a civil partnership. Cohabitation has significantly increased over recent years. There is a misconception by many people who cohabit that they have, or will acquire, the same rights as a man and wife. Often people will refer to being “common law” man and wife but there is no such concept in English law. The reality is that upon the breakdown of the relationship the parties have few rights and the majority of the rights they have are steeped in property law. This is a complex area and in the event of separation it is essential in the case of a dispute to obtain specialist legal advice.
Cohabitation agreement
To avoid potential disputes and conflict upon the breakdown of a relationship it is advisable to enter into a cohabitation agreement often referred to as a living together agreement. This agreement sets out the agreement reached by the parties prior to living together dealing with for example the following, which is not an exhaustive list:
- The parties interests in any property,
- Discharge of the utility bills and outgoings in respect of the property
- Ownership of assets and contents acquired before and during the period of cohabitation
- Ownership of business assets
- Banks accounts
- Debts and liabilities
- Provision of financial support on death
- Rights to occupy a property in the event of death or relationship breakdown
- Wills
- Life insurance
To ensure the agreement is legally enforceable each party must ensure they give full and frank disclosure of their financial position and take independent legal advice. The agreement must be entered into without duress or undue influence.
On separation such an agreement can be invaluable as it sets out the arrangements and can avoid potential lengthy and costly solicitors fees in the case of a dispute. If a party does not accept the terms or the agreement is disputed an application can be made to the court to enforce the contractual agreement reached.
Cohabitee Agreements can be complex, it is essential to obtain specialist advice.
At Amy Walklate Family Law Limited we offer specialised Cohabitee Agreements at competitive prices.