I f an unmarried couple breaks up, they would not necessarily be entitled to share in (what they thought were their) joint assets, such as a house they may have made significant financial contributions to, if they aren’t named as an owner on the deed. This is the same regardless of how long they have been together or whether they have children. Source Resolution

Why would I want a cohabitation agreement?

Many people mistakenly believe that if couples live together for long enough, or after having children, they become ‘common law spouses’ and automatically develop legal responsibility to support each other financially. This is a widespread misconception. If they split up, the courts cannot divide finances or property between the two, just because it might be fair.

Finances and Property

It may not be clear who owns what when a couple break up. Unlike married couples who can have their property legally divided on divorce, unmarried couples need proof of ownership. A partner may have contributed financially for years but if they are not on the deeds to the house they will have no entitlement to a share of the property.

A cohabitation agreement will set out the couples intentions around property, finances and child support on separation.

No automatic rights of inheritance

If a valid will has not been created, or a partner is not specifically named in a will, a cohabiting partner may not be entitled to a share or may have to apply to the court to make claims against their deceased partner's estate.

Contact Jordan Williams Law for help with Cohabitation Agreements and wills.

We can help guide you. We are experts in these areas. Contact our specialist family solicitors David and Sarah now.