Q: I am not married to my partner; do I have ‘common law’ rights?

Unfortunately, there is no such thing as ‘common law’ wives and husbands; unmarried couples, whether heterosexual or same-sex, cannot establish legal rights regardless of whether they are together for a long time or if they have children. Because this area of family law can be misunderstood, many people only find out that they have no rights once their relationship has broken down.

Married couples, or those in a civil partnership, enjoy far greater rights and legal status than those couples who purely live together (known as ‘cohabiting’ couples). If a cohabiting couple goes to Court after their separation, the Court will not consider how long they were together or whether either party believed they had any rights; a Court will simply look at each partner’s financial contribution and how property and assets are legally owned.

Rights to property
Where property and assets are jointly owned and legally registered as such, it is much simpler to show that you should be entitled to something on the breakdown of your relationship. However, where, for example, the former family home is registered in one person’s sole name, the law is complex and certain requirements must be met before you can claim that you are entitled to an interest in it. In most cases, financial contribution by the non-owner partner to the property must be shown. This may be by payment of the deposit for the property, mortgage and home improvements.

Cohabitation Agreements
Cohabitation Agreements can be drafted when a couple moves in together. This will ensure that property is protected against financial claims on separation and can also regulate what is to happen to:

• property;
• assets (such as joint bank accounts or investments);
• cars; and
• contact with children.

Cohabitation Agreements can be prepared quickly and will help to avoid lengthy and expensive Court disputes following separation. It is important to remember to put in place any legal documentation necessary regarding the transfer of ownership of property as well as the Cohabitation Agreement itself.

If you live with your partner but do not wish for them to acquire an interest in your home, this should be made clear from the start of your cohabitation. Financial contributions from your partner towards the property should not be accepted nor should they be responsible for payment of the mortgage, utility bills or home improvements. Cohabitation Agreements can give you secure knowledge that in the event of a breakdown of your relationship claims cannot be brought regardless of whether or not you accepted a financial contribution from your partner.

Is a Cohabitation Agreement legally binding?
An Agreement will be a contract between you and your partner and, to be legally binding, it must state within the document that it is to have legal force. It must be properly signed and executed by you both and must not be unfair to either party. A Cohabitation Agreement will never override any other legal rights enjoyed by the parties, particularly those relating to children.

When a couple is entering into a Cohabitation Agreement, for it to be effective each party must obtain their own independent legal advice and each must disclose fully any relevant information to the other, such as financial details and disclosure of all assets owned.

When separating, make sure you check your position in respect of your home and assets, whether jointly or solely owned by you or your ex-partner. You may be able to bring a claim which will help you to move on.

Gillian Lavelle is a specialist in dealing with cohabitation cases, having practised both in civil litigation and family departments during her time in the legal profession.

Our new family and matrimonial specialist Gillian is pleased to offer a free initial 30-minute appointment for all new cases. To arrange your meeting, call 01942 206060 today.