Couples who live together without getting married or entering a civil partnership could be leaving themselves open to more than heartache in the future if things don’t work out.
Separating couples could be risking substantial assets as well as having to go through bitter court battles to divide assets such as the family home if they do not set out the terms of the relationship with a simple agreement at the outset of their relationship or when they buy a home together.
The warning comes from family law firm, Stephensons Solicitors LLP, one of the largest family teams in the North West which often acts for people who have separated and have wrangles over the property and their children.
Donna Leigh, a family law solicitor at Stephensons, said: “Over the past few years there has been a dramatic rise in the number of cohabiting couples. In 1996, there were 2.9million people living with a partner in the UK. Today, this figure has almost doubled and stands at 5.6million.
“Many people in this situation believe that they’re protected by the notion of ‘common law’ – but there’s no such thing as a ‘common law’ husband or wife. Some even mistakenly consider that if they have children together, they acquire new legal rights. This is not the case - unmarried couples have far less rights than couples that are either married or are in a civil partnership.
“Under English and Welsh law, unmarried couples have no legal standing and are ultimately treated as separate individuals. Unmarried couples have no automatic right to their partner’s property if their relationship breaks down.
“The increasing number of unmarried couples will undoubtedly lead to more disputes concerning their rights if their relationship ends. We want people to know that they should make an agreement with their partner during their relationship to ensure that if things turn sour, they are both protected and leave the relationship with that they put into it or with whatever they have always agreed.”
Cohabitation Agreements set out decisions couples have made with each other over the property and all other significant issues such as children or finances. However, while Courts are showing more willingness to consider Cohabitation Agreements there is still no guarantee that they will enforce the terms of one but they are persuasive evidence of someone’s rights and responsibilities should there be a dispute in the future.
Stephensons offers fixed fees for many areas of family law and can prepare a Cohabitation Agreement for £500 inclusive of VAT. The firm has introduced the range of fixed price services following the removal of legal aid for many family-related legal problems such as divorce and child contact disputes.