Resolution’s awareness week 27 November – 1 December 2023

Jordans Solicitors’ Family Law team are proud members of Resolution a national organisation who are committed to helping you resolve your family matters in a constructive and non-confrontational manner.

Resolution’s annual awareness week is taking place from 27 November- 1 December 2023. With one of the central themes being cohabitation, the family team answer some frequently asked questions further to our blog on the myth of cohabitation and the common law marriage. 

What is cohabitation?

Cohabitation is a type of family structure where a couple choose to live together without marrying or entering into a civil partnership.

This type of family structure has increased in popularity, with the Office of National Statistics noting that opposite sex cohabiting couples were the fastest growing family structure in the last 10 years. The estimated figure for the family type in the United Kingdom has grown from 2.9 million families in 2012 to 3.6 million families in 2022. 

Do I have the same legal protection as a married couple?

Unfortunately not, unlike those couples that are married or those in civil partnerships, cohabitants have very little legal protection and disputes are not be dealt with under the Matrimonial Causes Act 1973.

Disputes over ownership or occupation of the family home are dealt with under the Trust of Land and Appointment of Trustees Act1996 (To LATA).

Financial disputes concerning the children of the relationship are dealt with by the Child Maintenance Service (as with married couples those in civil partnerships) or through a Schedule 1 Children Act application.

Disputes concerning living arrangements or contact arrangements for the children of the relationship are dealt with under s.8 of the Children Act 1989. This is the same as for married couples or those in civil partnerships. 

How can I protect myself?

You could consider entering into a cohabitation agreement, this can be prepared at any time during your relationship. It would be useful to consider such an agreement if your circumstances change for example, you are buying a house with a partner but have contributed different amounts of money to the deposit (a declaration of trust should also be considered in these circumstances), you are moving into your partner’s house and will be contributing towards the mortgage or renovations or if your partner is moving into your home.

The agreement can include how you are to arrange your finances for example pay the rent or mortgage payments and other bills, and how you would share any property and other assets upon separation.

Is a cohabitation agreement legally binding? 

The agreement is not legally binding, but records what both your intentions are, and can be an essential tool in minimising any disputes in the event of relationship breakdown. To have the best chance of your agreement being upheld by a court in the event of a dispute you should consider the following: 

• Entering into the agreement freely, without any pressure or duress
• Ensuring you have a clear understanding of both the financial assets and liabilities you both hold
• Ensuring that the agreement is in the correct format and property executed
• A review clause – to enable you to review and if appropriate update the agreement in line with any change in your circumstances
• Ensuring you both seek independent legal advice to ensure what you understand the contents of the agreement and what it means
• Keeping a copy of the agreement in a safe place to refer to this in the event of any dispute