Cohabitation

Potentially, your ex-wife could claim against your estate. That’s why when you are separating or getting divorced you need joined-up advice from a family lawyer and a Will solicitor. In this article, the estate planning lawyers at Evolve Family Law answer your questions on what happens to your estate if you pass away leaving an ex-wife. For expert advice call our team of specialist divorce and estate planning lawyers or complete our online enquiry form.  Ex-wife's claims against an estate   An ex-wife's claims will depend, to a large extent, on whether you are divorced or not. No-fault divorce proceedings are not finalised until your final order of divorce is pronounced. If you divorced before the divorce law reform you may have received a decree absolute from the court ending your marriage. If you have not completed the divorce process you may still be married at the date of death. Therefore, your estranged wife is your legal next of kin. However, you may have made a new Will when you separated so she is no longer a beneficiary of your estate. Your ex-wife can claim your estate or a share of it even if: Your divorce has been finalised  You have a separation agreement  You have a financial court order  You are not paying your ex-wife spousal maintenance  You have remarried You have children  You have made a Will excluding your former wife  The only circumstances when an ex-wife cannot bring a claim against your estate is when the court has made a clean break financial court order preventing any further monetary claims by her or your ex-wife has remarried. Do you have a clean break financial court order? If you got divorced some years ago you may not be certain if you secured a clean break financial court order. If you are unsure, you should ask one of our specialist family lawyers to review the order for you. They can look at the technical wording and advise you.  If you do not have a financial court order our family lawyers can help you obtain a financial court order to give you peace of mind. Your Will solicitor can then prepare a bespoke Will for you, confident in the knowledge that your ex-wife cannot make a claim or the risks of her doing so are reduced. If you have a financial court order, but it is not a clean break order, our family law solicitors can advise on whether it would be sensible to ask the court to vary the order to make it a clean break order. Their advice will depend on your circumstances and those of your ex-wife. [related_posts] Does making a new Will prevent my ex-wife from making a claim on my estate?  If our Will solicitors make a new Will for you then an ex-wife could still bring a claim against your estate if there is no clean break order in place from the family court. A Will solicitor can advise on the prospects of an ex-wife successfully challenging your Will after your death. There are ways that you can minimise the risks of an estate claim or reduce the amount payable. The law on your ex-wife making a claim on your estate The law on people making a claim against your estate if you die without making a Will (called dying intestate) or die with a valid Will  is contained in the Inheritance (Provision for Family and Dependents) Act 1975. An ex-wife can claim against your estate if the intestacy rules or your Will does not make reasonable financial provision for her. Reasonable financial provision depends on her and your circumstances. For example, your former spouse may rely on your spousal maintenance that ends on your death. Alternatively, your estate may be modest and you may have dependent children from your first and second marriages who need providing for. The 1975 Act says that all the following people could bring a claim against your estate:  Your husband, wife or civil partner – this includes someone who is separated but not divorced from you  A former husband, an ex-wife or a former civil partner if there is no clean break order in place and if your ex-spouse or civil partner has not remarried A child or someone treated as a child by you   Someone who was living with you for 2 years before your death  Anyone who immediately before your death was financially dependent on you. For example, an unmarried partner    Worst case scenario, a current cohabitee, your children and an ex-wife could all be disputing who gets your estate. This level of conflict could be stopped or reduced with a Will prepared by a specialist estate planning solicitor. For expert advice call our team of specialist divorce and estate planning lawyers or complete our online enquiry form.

Cohabitation rights are in the news as many family law solicitors expected the new Labour government to include a Bill on cohabitation rights in the King’s speech. There was no announcement although in its manifesto the Labour party pledged to reform cohabitation law with rights for unmarried partners. Although law reform may be on the cards in future King’s speeches cohabitees will have to wait for change. That’s why in this blog our family law solicitors are looking at the current laws on cohabitation and your options if you are in an unmarried relationship. For expert family law advice call our team or complete our online enquiry form.  What are your rights as an unmarried partner?     Your cohabitation rights as an unmarried partner depend on whether you have children under the age of 18 who are dependent on you. If you don’t have children your cohabitation rights are linked to property and trust laws. If you do have children your rights also include the ability to apply for financial orders under the Children Act 1989 and for child support from the Child Maintenance Service. Property and trust rights Property and trust rights can apply to the family home, investment property, a second home or other assets. The property can be owned jointly with your partner, owned by your unmarried partner or by you in your sole name. The easiest way to sort out a property claim is where there is a jointly owned property and the couple has given thought to whether they own the property as joint tenants or as tenants in common and have signed a deed of trust or cohabitation agreement saying how the equity will be split if they separate. The hardest cohabitation rights cases to resolve are where the family home is owned by one partner and the other says they have a beneficial interest in the property relying on property or trust law because they did not sign a cohabitation agreement when they moved into the property or when the property was bought in the sole name of their partner. In property and trust cases the partner claiming a share of the family home needs to show that they have a beneficial interest in the property through promises made by their partner or financial or ‘money’s worth’ contributions. For example, the partner could have paid the mortgage or used an inheritance to pay for an extension to the property or done DIY and put in a new kitchen and bathroom. In some cases, the owning partner accepts that their unmarried partner has a beneficial or non-legal interest in the family home but they cannot agree on the amount the non-owning partner should be paid to ‘buy off’ their interest or what percentage of the equity they should get when the property is put up for sale when a couple split up. If an agreement cannot be reached through solicitor negotiation or family mediation the court must resolve the cohabitation dispute using property and trust law principles. [related_posts] Resolving cohabitation disputes   It can be hard for couples to resolve unmarried partner disputes for several reasons, including: The legal owner of the property does not accept that someone can claim a share of their property as the non-owning partner is not on the title deeds One unmarried partner does not accept that their share of the equity in the family home won't be worked out using principles of fairness and needs. If you are married the court has wide discretion under the Matrimonial Causes Act 1973 to make a financial court order based on both parties' needs rather than analysing property and trust law. The family court must adopt the opposite approach in a cohabitation dispute over a family home A cohabitation property dispute often involves looking at historical paperwork to see how much of the mortgage was paid by the claimant or in working out the cost of the extension when many of the trades were paid in cash or invoices have been mislaid One partner may think that they have acquired cohabitation rights as a common law husband or wife because of the length of their relationship. In English law, there is no concept of common law cohabitation rights     Family law solicitors always recommend a cohabitation agreement so there is less scope for a dispute over cohabitation rights and no need to go to court if you split up from your unmarried partner. Cohabitation rights if there are dependent children   If there are dependent children in an unmarried relationship then you may have parenting arrangement disputes as well as financial disputes. Parenting arrangement disputes include: Disputes over which parent the children should live with after the separation  Contact arrangements Applications for child arrangement orders to sort out residence and contact issues Disputes over the exercise of parental responsibility, such as religious observances or choice of school International family issues, such as one parent wanting to move overseas with the children and the other parent objecting to the move abroad Financial disputes include: If child support should be paid and the amount. If care is shared neither parent receives child support even if one parent earns more than the other. If child support cannot be agreed an application normally needs to be made to the Child Maintenance Service. The Child Maintenance Service assessment amount will depend on the average overnight stays the children have with the parent they don’t live with    Top-up child support through a court order. This is only relevant where the parent paying child support is a high-earner  School fee orders to pay for private school fees. The court can order one parent to pay all the fees or a proportion of them Requests for lump sum orders to meet the needs of dependent children. For example, if the child is musical and needs a musical instrument  Requests for housing for children whilst the children are still at school or university. If the court orders housing to be provided the property does not belong to the child or the parent living in the property with the child. A Schedule 1 Children Act order means the child and parent can live in the property until the child reaches a specified age and the other partner then gets to sell the property or do what they want with it Cohabitation rights and the death of a partner If an unmarried partner passes away then their cohabitee is not their legal next of kin. Their children will be or the situation will be more complex if the deceased partner also had children from a prior relationship or is survived by parents or siblings. Anyone in a cohabiting relationship should have a Lasting Power of Attorney in case they lose the capacity to make their own decisions. They also need a Will to protect their partner. Without a Will, the cohabitee could make a claim under intestacy rules but the process is stressful at a time of bereavement and might involve an estate dispute with step-children or with the cohabitee’s parents or siblings. You should not assume that a cohabitee will automatically get the family home as this only applies if the property was jointly owned as joint tenants rather than as tenants in common.  The complexities of cohabitation rights and the death of a partner can be resolved with a bespoke Will and a review of your financial and personal circumstances to check that any pension or insurance nominations are up to date. Next steps  If you are in a cohabiting relationship you need to speak to a family solicitor about a cohabitation agreement. You can sign one even if you have already bought a property and are living together. You also need to think about Wills and Lasting Powers of Attorney. If you are separating from a partner and you are not married it is vital to talk to a family law solicitor about your rights as an unmarried partner so your interests can be protected. For expert family law advice call our team for an appointment or complete our online enquiry form. 

At Evolve Family Law our family law specialists are members of Resolution, an organization of family justice professionals in the UK.   This week is Resolution’s Awareness Week.  For expert advice on family law call our team of specialist lawyers or complete our online enquiry form.   Resolution Awareness Week  In recent years, the Resolution dialogue surrounding divorce has shifted from a conventional narrative of separation to a more nuanced exploration of relationships and their legal underpinnings.   Once known as Good Divorce Week, an initiative spearheaded by Resolution, the annual event traditionally aimed to promote amicable separations. However, this year the Resolution Awareness Week marks a significant pivot, redirecting attention toward cohabitation and its intersection with UK family law.  A focus on all relationships   Resolution has long been at the forefront of advocating for constructive approaches to divorce. However, recognizing the evolving landscape of relationships in the UK, the focus has expanded beyond divorce to encompass the dynamics of cohabitation.  The renaming of the awareness raising event from Good Divorce Week to a more encompassing theme signifies a broader perspective that goes beyond divorce itself. This shift acknowledges that relationships come in various forms and that understanding the legal implications of cohabitation or the nuances of LGBTQI+ relationships is just as crucial as navigating the complexities of divorce.  Cohabiting relationships   Cohabitation, while increasingly prevalent, lacks the legal structure and statutory protections that marriage or civil partnership offers. This change in focus by Resolution during what was once Good Divorce Week represents a pivotal moment in acknowledging the need for clarity and legal recognition for individuals in cohabiting and non-traditional relationships.  The Resolution awareness campaign aims to dispel misconceptions surrounding cohabitation and educate individuals about their legal rights and responsibilities.   Central to this initiative is the spotlight on the absence of automatic legal protection for cohabiting couples in the event of separation. Resolution wants to highlight the importance of seeking legal advice and making sure cohabiting couples enter into cohabitation agreements.  [related_posts] The call for cohabitation reform  Resolution's initiative aligns with ongoing discussions within legal circles advocating for reforms that bridge the gap between marriage and cohabitation in terms of legal rights. The goal is to ensure that individuals in cohabiting relationships have access to legal protections and equitable resolutions, akin to those in marital unions. That is becoming increasingly important with the rise in cohabitation. In 2021 there were reportedly 3.6 million cohabiting couples.   By extending its focus beyond divorce, Resolution's initiative reflects a holistic approach to relationships and family law. It serves as a platform to address the evolving nature of partnerships and strives to create a more informed, fair, and supportive legal landscape for all individuals, irrespective of their relationship status.  Evolving family law  In essence, the evolution of Good Divorce Week into a broader exploration of cohabitation within UK family law signifies a progressive step toward acknowledging the diverse forms of relationships. Through education, advocacy, and potential legal reforms, this initiative aims to ensure that individuals in cohabiting relationships are empowered and protected within the legal framework, fostering a culture of understanding and fairness in modern relationships.  How Evolve Family Law can help you   At Evolve Family Law our specialist family lawyers can assist you with all your family law needs if you are in a cohabiting relationship, including:  Cohabitation agreements  Declarations of trust  Children law and parental responsibility advice  Cohabiting relationships and claims on separation    Financial and property claims   Children financial claims for child support, school fees or assistance with housing dependent children    Wills for cohabiting couples  Lasting Powers of Attorney   Estate claims and inheritance disputes advice if you are a cohabitee who was not included in your partner’s Will or need to make a claim because you are not classed as a relative of your loved one under intestacy rules    It is best to talk to one of our solicitors about your cohabitation rights before you find yourself really needing an expert lawyer. For example, understanding property ownership and your rights under a cohabitation agreement could avoid expensive court proceedings if you split up from your cohabitee. For example, understanding that if your partner does not make a Will, you will not inherit anything under intestacy rules may encourage both you and your cohabitee to sign Wills and do some estate planning to protect your family.   We can help you resolve property-related or children focussed cohabitation disputes through:  Solicitor negotiations  Roundtable meetings  Collaborative law  Arbitration  The Evolve Family Law One Lawyer service  For expert advice on family law complete our online enquiry form.  

Family law disputes come in all shapes and sizes. It may be a dispute between a divorcing couple trying to reach a financial settlement or grandparents seeking a child arrangement order so they can get to see their grandchild or a parent terrified that their ex-partner intends to leave the UK with their son or daughter. Increasingly, family law disputes involve cohabiting couples. The couple may be heterosexual or LGBTQI+ and they may or may not have children with disagreements bubbling away over what parenting arrangements are in the child’s best interests. As a specialist firm of Northwest family law solicitors, we can advise you on how best to resolve a cohabitation dispute and help you understand your legal rights and options. For expert family law advice call our team or complete our online enquiry form. What is a cohabitation dispute? To a family lawyer, a cohabitation dispute can be many things as it encompasses any falling out between a couple who are not married and who are not in a civil partnership. A cohabitation dispute can be limited to the arrangements for the children or relate to money and property or both. Cohabitation disputes over children law issues can involve: Disputes over the parent the children will live with after the separation Contact arrangements Applications for child arrangement orders to sort out residence and contact Disputes over whether both parents have parental responsibility for their children Disputes over the exercise of parental responsibility, such as choice of school International family issues, such as one parent wanting to move overseas with the children and the other parent objecting Child support payments Top-up child support through a court order (where the parent paying child support is a high earner) School fee orders to pay for private school fees Requests for lump sum orders to meet the needs of dependent children Requests for housing for children whilst the children are still at school or university Non-children cohabitation disputes normally centre on property, such as ownership of property. This could be the family home or a buy-to-let property portfolio or a family business. [related_posts] How do you resolve a cohabitation dispute? The first step in resolving a cohabitation dispute is to check and see if a cohabitation agreement was signed. If an agreement was prepared, it may set out the parties’ rights to property and what should happen if there is a dispute. For example, the agreement may say that one partner will keep the property and the other must leave the property if the relationship ends. A cohabitation agreement can save you a lot of time and money as it records your agreement. If you did not sign a cohabitation agreement then you may still be able to resolve and agree on the financial and practical issues relating to your separation. You may be able to do this by: Solicitor negotiations Roundtable meetings Collaborative law Arbitration The Evolve Family Law One Lawyer service How does a court resolve a cohabitation dispute? If you cannot reach an agreement you may need to start or respond to court proceedings. Unlike a divorce, a court decides a money or property related cohabitation dispute based on property and trust law. Therefore, the court has less discretion to do what is ‘right’. In divorce financial settlement proceedings the court looks at fairness rather than strict legal and property rights. Talk to a family solicitor about your cohabitation rights If you are in a cohabiting relationship, it’s important to speak to a family law solicitor so you understand your rights. Many people assume that the rights of a cohabitee are the same as a husband or wife or civil partner. They are not. A cohabitee has the same rights as a married person if they are subject to domestic violence in a family relationship and a cohabitee has similar rights if there is a children law dispute over the arrangements for the children. Property law rights between cohabiting and married couples are very different. A cohabitee can't claim spousal maintenance or a share of their partner’s pension. Nor can they claim a share in property or other assets unless they have a legal or beneficial interest in it or they can make a claim based on the needs of a dependent child for housing. This is a complicated area of law. For example, your partner may legally own the family home but the other partner may have a financial claim through property or trust law. That claim gives them a beneficial interest in the property. The court could order the sale or transfer of the property to the non-legal owner. That’s why it’s important to understand your legal rights as a cohabitee. Unfortunately, many people assume they are entitled to nothing as they weren’t married or their name wasn’t on the title deeds to the family home. Whatever your circumstances it is best to speak to a family law solicitor if you are leaving a cohabiting relationship and you want to understand your rights and options. For expert family law advice call our team for an appointment or complete our online enquiry form.

As family law solicitors we are often asked whether it is OK to change the locks to the family home. Sometimes we are asked this question before a husband, wife, civil partner or unmarried partner has decided to separate. On other occasions, the locks have already been changed and an ex-partner has already been excluded from what was their family home. For expert advice on family law call our team of specialist divorce lawyers or complete our online enquiry form. Separation and changing the locks Locks are a hot topic as emotions, trust, and control issues can all be engaged when the subject of locks and access to the family home is mentioned. A lot of people assume that if the locks to the family home are changed that means the excluded spouse, civil partner, or cohabitee loses their legal rights or financial claims over the property. That assumption isn’t correct. A change of locks does not confer ownership of a property on the spouse or partner who now controls access to the property. Your property rights will depend on your legal status – whether you are a spouse or civil partner or whether you were in an unmarried relationship. For spouses and civil partners, property rights stem from family law. For unmarried couples, their family home rights stem from an interpretation of property and trust law. If you cannot agree with your partner on whether a house should be sold, or transferred to you or your ex-partner, then the court can decide on the appropriate order. In urgent cases involving domestic violence or abuse, the court can make a temporary injunction order to exclude a partner from the property. The court can then decide on long-term property ownership at a later date. Changing the locks if you own the property Some people assume that if they own the family home in their sole name, they can change the locks and exclude a spouse. That is not right. A spouse has a right of occupation in a family home, whether the property is owned in joint names or not. Whether or not the locks have been changed any financial claims to the house continue until there is an agreement or a family court order. Another common assumption is that it is OK to change locks once a spouse has left the family home as once the decision to leave has been made by them then they cannot change their mind and come back. That is not correct either. In some situations, a homeowner may ask their family law solicitor about changing locks as they want to feel in control of a property. In other cases, there are genuine worries either over privacy or personal security. If it is accepted that one spouse should leave the property then it is usual to agree that, whether they retain the key or not, they will only return at an agreed time and for a reason. For example, to collect remaining items. If there are concerns about personal safety and domestic violence the court can make an injunction order setting out who can occupy a family home until a long-term decision is made on whether or not the house should be sold or transferred to one spouse or partner. [related_posts] Changing the locks when you have children Where there are children there is often an argument that a spouse or partner should retain a key so that they can come and go to see the children. Whether that works all depends on how a couple has managed their separation. In some scenarios, both adults and children are comfortable with mum or dad returning to put children to bed with a book or to babysit but, in other families, continued key access can give very mixed messages to both adults and children and cause anxiety. It is important to talk to a family law solicitor about property ownership and locks and to reach an agreement on whether locks are changed or not. You may need to discuss whether you or your ex-partner can get access to the property until the financial settlement is reached. Locks and reaching an agreement over the family home The hot topic of locks should not distract from what is often the equally emotional but trickier issue of sorting out what will happen long-term with the family home. The obtaining of estate agent appraisals and exploration of mortgage options enables a separated couple to make well-informed decisions about what they want to happen to the family home on a long-term basis. Those decisions can be made by the couple with the help of their family law solicitor or during family mediation. If an agreement cannot be reached then whether you are a spouse, civil partner, or former cohabitee, the family court can be asked to sort out who is entitled to enter the property and live in it on a short and long-term basis. What is important to realise is that changing the locks to a family home does not confer property ownership as that is all down to agreement or the court order. For expert advice on family law call our team of specialist divorce lawyers or complete our online enquiry form.

As specialist family law solicitors, we get to deal with the fallout when a cohabiting couple separates and can't reach an agreement over whether their family home should be sold, or how the equity should be split, or whether the house should be transferred to one of them. Court proceedings over property ownership can be protracted and expensive as the court assesses property and trust rights. Potentially your family law solicitors have to go back years to gather evidence on who paid the deposit, mortgage, or contributed to the house renovation costs. This hassle and cost may be avoided if you sign a cohabitation agreement. For help from expert family lawyers call our team of specialist family lawyers or complete our online enquiry form. When do you need a cohabitation agreement? Most people think you only need a cohabitation agreement if you are buying a family home with a partner. That’s not the case. You need a cohabitation agreement in a range of different circumstances, such as: Buying a house in your sole name but your partner intends to live with you at your house You own a house and your partner is moving in with you You jointly own a house with your partner but your personal or financial circumstances are changing. For example, you have inherited some money and intend to pay the mortgage off with your inheritance You are going to jointly buy a property with your partner and you are contributing different amounts of money towards the deposit, or one of you is getting money from family to pay the deposit, or one of you will be paying all or a larger percentage of the mortgage and household bills There are many other reasons why a couple may need a cohabitation agreement. That is why, if you are thinking of buying a property or you have formed a new relationship, it is sensible to ask the question ‘do I need a cohabitation agreement?’ and to get the question answered by an expert family solicitor. You may think that a family solicitor is trying to sell you something that you don’t really need as most people don’t realise (until it is too late) that if your partner moves into your house, they have a potential claim over the property under property or trust law even though their name is not on the title deeds. Equally, if you have been in an unmarried relationship for many years, you may have no rights to a share in the equity in your partner’s property because of the complexities of property and trust law. [related_posts] What goes into a cohabitation agreement? A cohabitation agreement can be as broad or as detailed as you chose. If a partner is moving into your house your agreement could say that your partner will not have a beneficial interest in your property even if they contribute to the mortgage or renovation costs unless you sign another cohabitation agreement setting out their interest in your property. That type of cohabitation agreement minimises the risk of your partner claiming they have a beneficial interest in the property because you took money off them as rent and payment towards household bills but, after you split up, your ex alleges their monthly contribution paid towards the mortgage so they have a claim over the equity in the property. If you are buying a property jointly with your unmarried partner then your cohabitation agreement could record the detail of who paid the deposit, how the mortgage payments will be split, and other details, so you avoid having to get information and paperwork many years later to prove you paid the majority of the deposit and mortgage or to try and prove that it was agreed that you would get 70% of the equity because it was your inheritance from your grandmother that enabled you to pay the deposit and stamp duty. It pays for an expert family solicitor to talk to you about your options and to prepare a bespoke cohabitation agreement for you. Most people assume that a cohabitation agreement has to be a standard document but it can be created to meet your relationship and property needs and be as straightforward or as complicated as you want to make it. Can a cohabitation agreement be changed? Some couples are reluctant to sign a cohabitation agreement because they think that circumstances may change. For example, if your partner is moving into your house the initial intention may be that the house will remain yours but that may change over time if you want to renovate or extend the property. Alternatively, once your relationship is established you may want your partner to share the mortgage payments with you, whilst still wanting to protect the equity that you built up in the property before your partner moved in with you. Cohabitation agreements can be changed as your relationship develops or circumstances change but it is essential to record your revised agreement in a new document. That’s because most cohabitation agreements say any verbal promises or assurances will not carry any weight and any changes to your original agreement must be in a deed. A signed agreement avoids expensive court proceedings over whether conversations occurred, whether you really intended to give your partner an increased beneficial or property interest, or whether your partner misinterpreted your conversation or twisted it to their advantage. If I don’t sign a cohabitation agreement, is the jointly owned house half mine? The house isn’t necessarily half yours if you don’t sign a cohabitation agreement. It all depends on how the house was legally purchased (was the family home bought as joint tenants or tenants in common) and what your intentions were. Not having a cohabitation agreement can result in expensive court proceedings if one partner decides they want to claim half the house when they didn’t pay half towards the deposit or if one partner wants more than half the equity in the family home because they paid for the extension or for the new bathroom. A cohabitation agreement will cover who gets what percentage of equity in the house if it has to be sold. A bespoke agreement can also cater for one partner paying for renovations or paying off the mortgage. Key points on a cohabitation agreement Even if a house, investment, or business asset is owned by one partner, the other party to the relationship can still make a property or financial claim based on verbal or written promises, trust, and property law.  The cost, risks, and inherent uncertainty of court litigation can be avoided, or significantly reduced, by a cohabitation agreement. For help from expert family lawyers call our team of specialist family lawyers or complete our online enquiry form.

The family law solicitors at Evolve Family Law are regularly consulted about common law marriage rights by unmarried partners and former cohabitees. In this article, we look at the myth of common-law marriage. For expert family law advice call our team of specialist family lawyers or complete our online enquiry form. What is common law marriage? Common law marriage is a myth. In English law, common law marriage is not a legally recognised concept. You do not get rights as a cohabitee because you are in a common-law marriage. An unmarried relationship does not become a common law marriage because of the number of years you have been living together. You do not get common law marriage status whether you have been in a cohabiting relationship for 2 years or 20 years. Cohabitation rights If you don’t get cohabitation rights through the concept of a common-law marriage, how do you get cohabitation rights? Family lawyers say there are ways to get rights but it is best to understand how you can get those rights before you decide to move in together, have children or elect not to enter into a civil partnership or get married. Unfortunately, too many unmarried couples only find out about their cohabitation rights (or lack of them) after they split up from their partner. As an unmarried partner, your cohabitation rights can come through a variety of means, including: Joint property ownership – you can jointly own property either as tenants in common or joint tenants. The way you own property can have a significant impact on what happens to the property if you split up or if one of you passes away. That’s why it is best to take family law legal advice before you jointly buy a property as an unmarried couple Sole property ownership – you can make a claim against a property even if it is owned in the name of your partner. A claim could potentially be made under property or trust law if you can show that you have what is referred to as an equitable interest in the property A cohabitation agreement or deed of trust – if you reach an agreement with your partner, either at the outset of your relationship or during your relationship, you can set out your agreement and rights in a cohabitation agreement (or deed of trust if the agreement relates solely to a specific property) If you have dependent children with your unmarried partner, you may also have the right to claim: Child support through the Child Maintenance Service or the family court if the Child Maintenance Service does not have jurisdiction or if the Child Maintenance Service has made a maximum assessment under their child support formula so you then have the right to apply to the family court for top-up maintenance Lump sum payment to meet a child’s specific needs Housing for the child whilst the child is dependent – this means you would no longer be able to stay in the property after the child reaches the age of 18 or 21 School fee payments if your child is being educated privately Disability-related extra costs of caring for a child with a disability The bottom line is that however long your unmarried relationship lasted for you do not have the same legal rights as a civil partner or husband or wife. For example, you won't be able to claim: A share of the family business – unless you are a shareholder or a business partner or you can successfully say that ownership of all or part of the business was held in trust for you A share of your partner’s pension Spousal maintenance A share of investment portfolios held in your partner’s sole name unless you can argue that the investments were held in trust – something that is very hard to do With unmarried partner disputes, the family court has to follow property and trust law to resolve the dispute over ownership. If you are married or in a civil partnership, the family court looks at a range of factors to achieve fairness. That’s why in divorce proceedings the court can exercise a lot more discretion and there is less likelihood of one partner walking away with nothing after a long relationship. For engaged or married couples who do not like the sound of the family court having such a degree of flexibility in divorce financial settlement proceedings, there is the option of a prenuptial agreement or postnuptial agreement to record how family assets should split if you separate. [related_posts] Cohabitation rights and estate planning If an unmarried partner dies without making a will (intestate) the surviving cohabitant has no automatic right to their partner’s estate. They could claim but this involves court proceedings against the deceased’s relatives who have inherited the estate under the intestacy rules. In a relationship without children, this could involve bringing a claim against the estate arguing that your partner’s parents should not inherit under the intestacy rules because your partner had not made reasonable financial provisions for you as their unmarried partner. This is why it is vital that if you are in an unmarried relationship, you and your partner make a Will and estate plan. Protection for you as a cohabitee Family lawyers understand that financial hardship on the breakdown of a cohabiting relationship is a realistic possibility in many cases because of decisions made by the couple during the relationship about property ownership. If a married couple make the same property ownership decisions during their relationship the family court has the discretion and power to make orders that it thinks are fair to both husband and wife or both civil partners. In a non-married relationship, a family judge just doesn’t have the same degree of flexibility as the court has to divide the assets of an unmarried couple based on property and trust law rather than housing or other needs. The best option for cohabitants who are concerned about property issues and protection if they split up from their unmarried partner is to enter into a cohabitation agreement or living together agreement. This document is a form of contract setting out a couple’s decisions about what will happen to their property on separation. It works in a similar way to a prenuptial agreement and if drafted properly by a specialist family lawyer will be upheld by a court. The cohabitation agreement should be accompanied by both cohabitees signing Wills and Lasting Powers of Attorney so their estate and future proof planning recognises the importance of their loved ones. If you would like a cohabitation agreement or need family law advice following a recent separation from your cohabitee then contact Evolve Family Law. For expert family law advice call our team of specialist family lawyers or complete our online enquiry form.

At Evolve Family Law the family and private client solicitors have often commented on the very different ways that married and cohabiting couples are treated when it comes to UK family law and the laws on Wills and estate planning. The wholly different treatment can create many injustices. The saddest aspect is that when deciding whether to cohabit or get married most couples don’t realise the significance of their choice because they are not family solicitors or private client lawyers. Instead, they make their decision on whether to get married purely on personal preferences without a full appreciation of the legal implications. Recently one of the perceived injustices has been righted as the Department for Work and Pensions has announced plans to extend bereavement support to cohabiting couples with children. We are Manchester, Cheshire and Online Family and Private Client Solicitors. For legal help and advice on family law and Wills for cohabiting couples call Evolve Family Law or complete our online enquiry form. Bereavement support for cohabiting families You would think that if you were bereaved with dependent children, you would need financial support, whatever the legal status of your relationship. The law previously said financial help was only available to claim if you were a bereaved parent with dependent children and you were either married or in a civil partnership. You could have been married a month and be able to make a claim but a five or fifteen-year committed cohabiting relationship was not recognised when it came to bereavement help. The government  has now announced that the Widowed Parent’s Allowance and Bereavement Support Payments will be claimable by the cohabiting partner of a deceased who had children living with their partner at the time of the partner’s death. The announcement may appear to be very limited in scope but it is estimated that more than 22,000 families will be able to claim this bereavement financial support. To be eligible to make a claim a person in a cohabiting relationship with dependent children will just need to have been living with their partner at the time of their partner’s death. The announcement isn’t law yet. The law will need to be changed by Act of Parliament. However, the government has said that if the law is changed it plans to allow bereaved cohabitees to make backdated claims to the 30 August 2018. Cohabiting couple advice If you are in a cohabiting relationship, it remains vital that you understand the basics of how your relationship will be treated in law if your relationship breaks down either because one of you decides to leave or if your partner passes away. If you are cohabiting with a partner and you split up your rights and financial claims are limited and based on property law. To protect yourself and your children you need to understand your rights and preferably get a cohabitation agreement drawn up to safeguard yourself and your children. If you are cohabiting it is also vitally important that you each make a Will and power of attorney. That is because, under the law, a cohabitee is not treated as their partner’s next of kin. That means that if your cohabitee dies without leaving a Will you won't receive anything under intestacy rules and instead you will have to make a claim against the estate. Likewise, if your partner loses capacity because of an accident or ill health you won't be able to make decisions on their behalf as under the law you aren’t their next of kin. A health and welfare power of attorney and a financial  power of attorney gives you the right to step in and help if your loved one is incapacitated and unable to make their own decisions on what is in their best interests. [related_posts] How can Evolve Family Law help you? At Evolve Family Law our family law solicitors and private client lawyers can help you with: Cohabitation agreements. Resolving property and cohabitation claims if a relationship breaks down. Mediation support if you are going through family mediation because your cohabiting relationship has broken down. Wills for cohabiting couples including the appointment of testamentary guardians for dependent children. Advice on estate planning for cohabiting couples including inheritance tax and the importance of pension and insurance nominations. Powers of attorney. The creation of life time trusts to protect loved ones Cohabitees and claims against an estate.