Living Together

The number of people choosing to live together (legally known as cohabiting) is increasing. Cohabitation Agreements may be entered into before you move in together and will deal with your present financial circumstances but also makes formal provision for what will happen in the unhappy event that the relationship breaks down.

Cohabitation Agreements are much like Pre Nuptial Agreements and are useful in preventing future litigation and consequential legal fees.

Unlike a married couples, a couple who are living together have no legal duty to look after one another financially, unless of course they have entered into a Cohabitation Agreement which makes provision for this. Accordingly, you and your partner are each legally responsible for your own debts and your share of any joint debts.

Additionally, there is no right to maintenance from your former partner.

Both parents have a legal responsibility to look after their children until they have completed their full-time education. Unmarried fathers should sign a Parental Responsibility Order. Please note that a new Children and Adoption Bill is currently being passed through the House of Commons and once it is made law, unmarried fathers will automatically have the same rights as married dads, provided their name is on the child’s birth certificate.

In regard to same sex couples, partners have no automatic parental responsibility for their partners children. Applications can however be made through the Courts under the Children Act. Please see also our section relating to children.

When the relationship between cohabitating couples breaks down, their property rights remain wholly unaffected. In other words, the property rights remain exactly the same following the split as they were before. The legal owner of the house, the person who paid for it and has their name on the title deeds will continue to remain the owner of that property. Contributions made by the non-owning partner may be taken into account, but such contributions must be significant. A non-owning partner may also make an application under the Trust of Land & Appointment of Trustees Act to assert their interest in the property.

If the cohabiting couple have children an application can be made under the Children Act for both income and capital for the children only. Please refer to our section relating to Children.

The Law Commission is soon to publish its consultations and deliver a final report later this year on proposals to a change in the law in regard to the financial consequences of split between cohabiting couples. It is proposed that couples who have lived together for 2 years or who have children together should acquire rights to a share of property, pensions, to claim maintenance and lumps sums.

Get in contact with us at Crisp & Co to book an appointment. We have offices in Guildford and Kingston upon Thames.

• Contact Us

We will need you to bring with you the following papers and documents:-

• Your passport or photo identity driving licence plus another proof of identity with your name and address, such as a recent utility bill.
• Any letters or documents that have been sent to you by your partner’s solicitors.

We will need to know the following information from you:-

• Your marital status, the date of you commenced cohabitation or intend to commence cohabiting with your partner and the date of any separation.
• The full names and dates of birth of your children.
• Your nationality and country of residence.
• The nationality of your partner and their country of residence.
• Details of your income and that of any other member of your household.
• Details of property, assets, investments and pensions held either in your own name or in joint names with your partner.
• Details of any mortgages or other liabilities in either your own name or in the joint names of you and your partner.

Do not worry if you cannot provide all the information listed above at the first appointment, any missing information can always be obtained at a later date. However, the more information you can provide us with the quicker we will be able to advise you in respect of your particular situation.