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Co-habitation Agreements

Throughout the UK the number of couples who chose not to formalise their relationship by marrying or entering into a civil partnership is growing steadily. The same applies for Brighton & Hove and because of this the number of children living within these families is also rising.

There are many rumours and myths in circulation about co-habitation and often it comes as a shock to a client to discover, when their relationship breaks down, that they do not have the same rights as those who are married or in a civil partnership.

There is no such thing as a “Common Law Wife” and you do not automatically “acquire” matrimonial rights simply by living with someone for several years.

If you separate after a period of co-habitation you may have financial matters to resolve and issues relating to the children. There is no equivalent to spousal maintenance and you cannot make an application for a pension sharing order. You may however be able to seek a lump sum payment, a share in a property or a transfer of property depending on your circumstances.

If you are caring for children Henna Ehsan and Hannah Millrain would suggest that it is vital you take legal advice. Legislation is currently before Parliament and so in the course of 2015 the rights of cohabitees may change. However if you are thinking of cohabiting or already do so why not think about entering into a cohabitation agreement  to regulate the financial arrangements between yourself and your loved one. Call us on 01273 838 756 today to find out more.

Team members

Hannah Millrain
Associate Solicitor
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Henna Ehsan
Associate Solicitor
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