Cohabiting or Living together

Property Issues of Cohabiting

It is a common misconception that there are legal rights attached to the terms “common law” spouse in a “living together” (cohabiting) relationship. This is not true.

If couple who are cohabiting separate they are not protected by divorce law. This can have some important consequences, because they are not entitled to:

  • Maintenance for themselves ( though maintenance for child(ren) is usually payable by the absent parent- see below)
  • Any share in property if they are not the registered owner or can prove an interest in property
  • Any share in pensions

This can create a real problem if a couple have purchased a house together, especially if they have not recorded written intentions and can be very emotionally draining.

To avoid these pitfalls, it is important that a couple buying a home together should seek independent legal advice. This will help ensure that if they were to part, they fully understand the consequences nd have planned for it.  Usually, the best option is for the property to purchased in joint names and  a Declaration of Trust to be drawn up to record the couple’s intentions. This can be done quickly in order to save costs and future heartache.

At the Family Law Solicitors, we have experience in drawing up Declaration of Trust agreements.

Children

The unmarried fathers of children born in or after December 2003 will automatically have “Parental Responsibility” (the right to be involved in important decisions) if they are present at the registry of Births, Deaths and Marriages , when the birth is registered and they are registered as the father. Grandparents and other relatives may still need to apply for Parental Responsibility. Disputes can be resolved by applying to the Court. Applications to the Court are treated the same whether parents are married or not.

The “absent” parent ( who does not have the full time care of a child,  has a duty to pay maintenance for a child. This applies whether the parents are married or not. Maintenance can either be agreed, or assessed by the Child Support Agency using what is now a simple formula: 15% of take-home pay for one child, 20% for two, and 25% for three or more. (For further information please visit Children )

Domestic Violence and cohabiting

Both married and unmarried couples have the same rights to protection from the courts. They can apply to court for injunctions to protect themselves, and orders to decide who is to occupy the home. This can include allowing one person back into the home, or the other having to leave it. (For further information please visit Domestic Violence ).