Cohabiting Couples: Legal Rights Explained

Whether it is for personal beliefs, financial reasons, or simply not wanting to conform to societal norms, cohabitation is becoming increasingly common. But although many individuals in the UK choose to live together without getting married or entering a civil partnership, it is essential for cohabiting couples to understand their legal rights and responsibilities.

What is a cohabitation agreement?

A cohabitation agreement is a legal document that is created by unmarried couples who live together or plan to do so in the near future. It outlines the rights and responsibilities of each partner, providing clarity and protection in various aspects of their shared life.

The purpose of a cohabitation agreement is to prevent misunderstandings and disputes by clearly defining the terms of the relationship. It covers important areas such as property ownership and financial contributions. By establishing these terms, both partners can feel secure and confident in their relationship, knowing that their rights and interests are protected in the event of a break-up, death. or other significant live-changing event.

Cohabitation: Legal rights of partners

Listed below are the legal rights of cohabiting couples who do not currently have an agreement in place.

Finances

Each partner retains legal ownership of their individual assets and bank accounts, and there are no automatic rights to inherit the other partner’s assets or pensions upon death. However, even if you do not have a legal interest in your partner’s property, a partner may be able to establish an equitable beneficial interest in certain circumstances, for example, if they have been promised an interest and in reliance they make a contribution to the purchase price or the mortgage payments. The same applies if you solely own a property to which your partner makes a contribution towards. 

Various tax benefits available to married couples are not applicable to cohabiting couples.

Finances on death

If a married person dies without a Will, certain assets will automatically pass to the other partner, for example jointly-owned property. The same does not apply to unmarried couples. For cohabitees, it is therefore important that there is a Will in place providing for individuals to leave their assets to whoever they choose, including their unmarried partner or their unmarried partner’s children. It is sensible to put a Will in place alongside a cohabitation agreement. 

Property

Both partners are equally responsible for rental obligations if their names are on the Tenancy Agreement. 

For jointly purchased properties, it is sensible to put in place a cohabitation agreement to determine what happens if the relationship ends. A property can be held either as joint tenants or tenants in common. If you hold your property as joint tenants, if either of you were to pass away, your interest in the property will automatically pass to the other person. If, for example, you have made unequal contributions, you may wish to hold your property as tenants in common, which means it is held in two separate shares. You can then put in place a cohabitation agreement which records your respective shares and, if the property were to be sold, how the sale proceeds were to be divided. 

A cohabitation agreement can also set out who makes specific contributions to the property, for example, contributions to the mortgage and utilities. This will help with avoiding any future disputes. 

Children

Children-related matters are not covered within a cohabitation agreement. Instead, you would need a separate parenting plan or child arrangements order. 

If both partners are listed on a birth certificate, they have equal parental rights and responsibilities. In the event of separation, child maintenance is paid which is governed by the Child Maintenance Service, 

Child Arrangements Orders

Child Arrangements Orders are legal orders made by a court that determine the living and contact arrangements for children when their parents have separated or divorced. These orders aim to ensure that the child’s best interests are protected and that they have a stable and supportive environment.

Child Arrangements Orders can specify various aspects of the child’s life, including:

• Determining with whom the child will primarily live or have their main residence. The order can specify whether the child will live solely with one parent or with both parents. 
• Setting out spending time arrangements for the parent with whom the child does not live. 
• Addressing specific issues concerning the child’s upbringing and welfare. This may include decisions regarding the child’s education, healthcare, religious upbringing, or any other matter that requires a resolution.

Seeking Legal Advice from Manak Solicitors

Manak Solicitors are Family & Matrimonial Law experts, and we have extensive experience in dealing with Cohabitation Agreements, as well as other Family Law matters. 

We understand that dealing with Cohabitation Agreements and Child Arrangement Orders can be stressful, which is why our experts will do everything possible to make the process hassle-free. We pride ourselves on being some of the best family solicitors in Sevenoaks, Orpington, and Gravesend. Our Family Lawyers  are accredited and experienced experts, who will ensure that you receive an efficient and reliable service at all times. 

For more information about creating cohabitation agreements, explore our family law services or contact us today to schedule a consultation with one of our experienced family experts.