Cohabitation
Are you and your partner planning
to move in together or have you already done so?
Have you thought about the possible financial implications in the event
that the relationship does not work out as you had hoped?
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One of our Interview rooms |
People often believe that the phrase “common law husband and wife”
will give them the same legal rights as a married couple. They are wrong.
Matrimonial legislation does not apply to couples who live together
no matter how long the relationship has lasted.
Couples often ask questions about their entitlement to claim from their
former partner when it is too late. The position is particularly difficult
if one of them already had their own property at the start of the relationship
and the other one moves in. The new partner will only have a claim to
that property if there is evidence of a “common intention of ownership”
Usually, the parties will only be entitled to take the assets that they
brought into the relationship no matter what financial contributions
have been made to the household bills. If the property is not purchased
in joint names or no agreement is made as to how the property is to
be split, then you may have no legal right to claim a share. On the
few occasions that any right may exist it is often formed from complicated
Land and Trust Law, leading to complex litigation. This is a very expensive
and risky exercise.
So What Can You Do?
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Our powder room |
Couples can enter into a co-habitation agreement to help determine how
your financial affairs and property will be shared out in the event
that the relationship does not work out. An agreement helps to define
the common intention of a couple but must be properly drafted to ensure
that it is binding.
An agreement can be signed at any time during the relationship, although
it is preferable to settle matters early on when the relationship begins.
More importantly, the agreement should be signed before couples purchase
a property together or before either of them part with substantial capital.
Problems can arise in any relationship so we are urging couples to think
about the future now, rather than risk the possibility of complex and
stressful court proceedings with a less favourable outcome later on.
Is It Too Late?
If you and your partner have already moved in together and you are unsure
as to whether or not your position is adequately protected then please
consult us now. It may not be too late to draw up an agreement and we
can also give you the best possible advice as to how to protect your
interests for the future
For those couples who have sadly reached a point where the relationship
has or is about to break down, then we can assess your current financial
circumstances and try to ensure the best possible outcome for you.
Our Staff
Jane Gale
Cathryn Maclean
Rachel Tyrer
Cohabitation law is a very specialised subject as it involves contract, trust and land law but with the relationship issues in which matrimonial lawyers are skilled. At O’Donnells we have brought together a team of lawyers from our civil and matrimonial departments who work together to offer practical solutions to the complex issues involved in cohabitation issues. The earlier you speak to us the more likely we can prevent an emotional disaster becoming a financial one.
More information...
You can find further information in our Cohabitation PDF, which can be downloaded by clicking the icon below.
