Understanding Your Rights When Living Together
Living together can feel like a natural next step in a relationship, but it can also raise questions about legal rights, finances, and future security. Many couples are unaware that cohabiting does not provide the same legal protection as marriage, which is why early advice can make such a difference.
As there is no such thing as a common law husband and wife, to avoid any disagreements or disputes it is a good idea to have a cohabitation agreement at the beginning, setting out what should happen should the relationship end.
Speaking with a cohabitation agreement solicitor allows you to understand your options clearly and calmly. A well-prepared agreement can help avoid misunderstandings later and give both partners confidence about where they stand. Our cohabitation lawyers offer clear, practical help, tailored to your situation, with sensitivity to the realities of modern relationships.
Cohabitation Process
Our cohabitation agreement services are delivered via video and phone meetings across the UK – our clients find this incredibly convenient when life is already busy enough.
If you would prefer to meet one of our cohabitation solicitors, we are based in Eastbourne and Brighton in East Sussex and Tunbridge Wells in Kent. Meeting spaces are also available in London.
A cohabitation agreement can be prepared before you start to live together or at any point during the relationship. The agreement could consider such things as the home; money and paying bills; pensions; personal possessions and children.
If there is no cohabitation agreement, any financial claim is likely to be under the Trust of Land and Appointment of Trustees Act 1996 (TOLATA.)
The act considers whether a cohabitee has acquired an interest in the other’s property. If the cohabitee who owns a property does not make an express declaration that the other has a share the other has to claim that they have acquired a share using one of the following:
Contributed in money or money’s worth and there was a common intention;
Can show a common intention that there is a beneficial interest;
That you have been misled into believing that you had an interest to your detriment.
That you have been misled into believing that you had an interest to your detriment.
If you have had children together and there is no cohabitation agreement, in addition to child support through the Child Maintenance Service, there could be a claim under Schedule 1 of the Children Act 1989.
Our experienced cohabitation solicitors, Linda and Tanya, are dedicated to helping unmarried couples navigate these complexities and ensure their rights and interests are protected.
Have a read of our useful factsheets below…
Get started online today – cohabitation agreements help provide clarity, certainty, and peace of mind.
Thank you for your invaluable assistance, patience and comforting support in getting everything sorted.
AN, November 2021, Kent, UK
Cohabitation: A Case Study
Problem
My client had cohabited with her partner and they had three children together. When the couple separated the father wanted to limit the funds he provided to my client, even though he lived in a property worth over £2 million and she was living in a small terraced property. She had accrued debts because the father regularly reduced the child support payments.
Solution
Although we tried to attempt mediation, the father would not engage. He was also very reluctant to disclose any financial information. There was an application under schedule 1 of the Children Act. In advance of the final hearing the parties agreed a lump sum settlement.
Outcome
My client was able to settle her debts, full child maintenance was paid without any deductions and the school fees were paid by court order. The order succeeded in providing stability and certainty for both my client and her children.
Cohabitation FAQS
Can a cohabitation agreement cover children?
While a cohabitation agreement cannot replace formal arrangements for children, it can record intentions around day-to-day care and financial support. Any formal child arrangements must always be made in the best interests of the child, but having clear discussions in advance can reduce conflict and misunderstandings later.
What happens if we separate without an agreement?
Without an agreement, cohabitation disputes can be complex and stressful. Claims may involve declarations of trust or, in some cases, court proceedings. Having early consultation with experienced family law solicitors can help you understand your position and explore solutions without unnecessary escalation.
Find out more about how we work or contact us directly to discuss how a cohabitation can work for you.
Outstanding and expert service, delivered with thought and care. I can’t recommend Linda and the team at LSL highly enough.
DM, February 2022, Sussex, UK
Whether you’re considering cohabitation, currently cohabiting, or facing issues related to a cohabitation breakdown, our team of specialist family law solicitors is here to provide expert guidance and support. We advise on cohabitation agreements, and wider issues affecting unmarried couples and partnerships.
We can successfully work with you on your cohabitation agreement, or other cohabitation challenges, via phone or video meetings from wherever you are based in the UK.
Every relationship is different, and cohabitation arrangements should reflect your individual circumstances. Whether you are moving in together, already sharing a home, or reviewing an existing agreement, tailored legal advice from our cohabitation solicitors can help you make informed decisions with confidence.
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Contact Us
If you are in need of family law support, contact us today to arrange an initial telephone or online chat, in complete confidence, with one of our family law solicitors.
We’re here to relieve your anxiety and find the right solution to the problem you’re facing.
We can help you wherever you are based in the UK with our online services. Our family law solicitors are working from offices in Tunbridge Wells in Kent and Eastbourne in East Sussex.
We also have meeting rooms in Brighton and London.