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COHABITATION AGREEMENTS

As family specialists, we often meet clients who tell us they have been in a long-term committed
relationship over many years and have the mistaken view that they are a common law wife or husband. We have to tell them that there is currently no separate law of cohabitation and they have no ‘rights’ as such based on the fact that they have lived with a partner for a number of years.

Unlike in the case of married couples or those who have entered into a civil partnership, there is no specific legislation dealing with rights to property or pensions for cohabitees. In most cases, the applicable law is the law of property and where there are children the right to make claims under Schedule 1 of the Children Act 1989 or the Child Support Act 1991. It is often distressing for clients to be told that their understanding of the law (often based on misinformation given in TV dramas or in popular magazines) is wrong.

We come across many people who have been disadvantaged and, in some cases, misled as to their positions. There have been repeated calls for the reform of the law over the past 30 years and the
current government is committed to implementing the recommendations of the Law Commission
to introduce legislation giving the rights to cohabitates, but there is no saying when, if ever, change will come.

The answer for any couple looking to set up a home together, who do not intend to marry or enter into a civil partnership, is to have a cohabitation agreement prepared by experienced family lawyers such as ourselves. Cohabitation agreements cover such issues as the shares in property and the ways in which shares can be altered over time through contribution, the arrangements for children, payment of nursery fees and contributions to the household outgoings.

Agreements can be as simple or as complex as the couple want. Whilst we generally advise that simplicity is best, we have drafted long and complicated agreements, and covering such issues as the purchase and costs of keeping pets and who will pay for holidays and Christmas presents. The form and nature of the agreement depends on what the couples want.

Many couples regard such arrangements as unromantic and would rather spend the cost of preparing such an agreement on their new home but experience shows that a simple well-prepared agreement gives couples a solid basis for what will hopefully be a happy family life together.

For further advice contact us at Widdows Pilling LLP:
Email: rjp@widdows-pilling.co.uk or jh@widdows-pilling.co.uk
Tel: 0161 790 1825​