Legally speaking, there is nothing more romantic than making a show of commitment to your partner through signing a Cohabitation Agreement.
It is important to realise that simply living together with your partner does not entitle you to the same rights as a ‘common law’ spouse. A Cohabitation Agreement therefore can add legal security to your arrangement, which our expert team at Dylan Nair Solicitors Ltd are well-equipped to provide.
Why Sign a Cohabitation Agreement?
Unlike married couples or those in a civil partnership, cohabitees who decide to separate will have no claim to any property or assets in the other person’s sole name. Assets in one-person’s sole name will be presumed owned by them alone, unless it can be proven otherwise. Any joint assets are usually split 50/50.
We at Dylan Nair Ltd offer free support and guidance throughout the process of securing a cohabitation agreement and putting in a Will as you take your romantic partnership further. We will provide all the expertise you need in order to secure your assets – protecting your future.
Rights Given to those with a Cohabitation Agreement Usually Include:
· Legal shares within your home/property
· Paying mortgages and other property costs
· Pension schemes
· Settling debts
· Splitting shared savings
· Custody of family pets
· Dealing with shared business
· Temporary agreements while you deal with separation
Further information regarding cohabiting agreements:
The Law & Children while Cohabiting
The law is the same regarding children whether you are married, in a civil partnership or cohabiting. The resident parent is entitled to receive child maintenance from the other parent. Unmarried mothers automatically have parental responsibility and unmarried fathers only have this under certain circumstances.
Rights given if your partner dies without a will
Without a will you have no automatic rights to benefit from their estate. You can attempt to claim using the Inheritance Act 1975, however, all claims will be considered by the court making it a long and expensive ordeal.
Is spousal support available after a breakup?
Unfortunately, cohabiting couples do not have the same financial responsibility as married couples because the legal position is not the same. Child Maintenance can still be paid to contribute towards child costs, although this isn’t the same as getting maintenance for your own benefit.
We are here to help
Romantic partnerships, regardless of their legal status, are often causes of great emotional anxiety and distress. The Dylan Nair Solicitors Family Law team are qualified to provide you with as much advice as you need to help you decide what to do as you go forward in your endeavors.
Call us on 01772 494366 or fill in our contact form to begin the next steps on attaining security in your relationship.