Cohabitation Dispute
People are increasingly choosing to live together without getting married or entering into a civil partnership; however, many misconceptions exist in relation to the status and financial implications of the relationship. There is no such thing as a "common law marriage". Even if you have lived together for many years, or have children together, there is no special status afforded to your relationship.
When cohabitees separate they face the same painful experiences that a married couple faces and similar broad issues such as how should they resolve difficulties concerning the children, financial provision for the children and between themselves.
Whereas when married or a couple in a civil partnership separate the Court can make an Order it believes is fair and reasonable for the parties when looking at their overall circumstances, the approach taken towards separating unmarried couples is far more restrictive. The law relating to cohabitees' property predominantly derives from the Trusts of Land and Appointment of Trustees Act. As a general approach the Courts will be interested in trying to clarify who owns what property or whether either or both parties have made a contribution to the ownership of an item of property, so as to gain a “beneficial interest”.
When cohabitees separate they are not entitled to receive or are obliged to pay maintenance to each other except for the benefit of children. The family team at mosshaselhurst have extensive expertise in negotiating settlements in relation to property and jointly held assets on relationship breakdown and also in making applications to the Court to determine respective parties' interests.
We would encourage people to approach us at the beginning of a relationship and consider the merits of cohabitation agreements. Understanding the position at the outset and taking simple precautionary measures can prevent significant problems later on.
