Co-habitants
Cohabitants can fall into a wide variety of categories, ranging from young couples living together prior to or as an alternative to marriage, to older couples where one or both may be separated or divorced and either unwilling or unable to enter into marriage.
With a rising number of couples cohabiting rather than marrying, the incidents of long standing, non-married couples breaking up are on the increase. And unless careful consideration was given at the outset the consequences in relation to their respective assets can be disastrous.
As lawyers advising on such matters over many years we are often asked what will happen to property owned by each of the partners should the relationship break down. They worry if they "move" their partner into their property the partner will then have a “claim” on the property or other assets even if they are not married. Under the recently enacted Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 qualified cohabitants will now have certain rights to property and financial reliefs. The Courts will, however, consider various other factors.
It is becoming increasingly common for couples in this position to have a Cohabitants Agreement drawn up. This provides the framework for couples to record their intentions and record their respective contributions to the relationship. This in turn allows cohabitants to opt out of any rights and their obligations provided for in legislation. Provided the Cohabitants Agreement is deemed valid cohabitants can feel safe in the knowledge that if the relationship was to break down, then the agreement will safeguard them financially.
The terms to be included in the agreement are a matter for the parties involved; however it is extremely important that both parties seek independent legal advice. The agreement can include details about property, payment of the mortgage, outgoings, ownership of contents, liability for debt, ownership of bank accounts and much more.
Call 1890 FAMILY today for help, guidance and professional advice on your rights as a Cohabitant.
With Divorce Direct, you have direct access to an experienced family lawyer who deals exclusively in family law matters. We work for you and with you to achieve the best possible terms, at the lowest possible cost.
Contact Divorce Direct on 1890 FAMILY for a free consultation about your co-habitant issues. You can speak to a solicitor, or simply enquire online and a family law solicitor will call you back.
