Common Law is not the Law!
When you are planning to move in with your partner, the last thing you are probably contemplating is the possibility of the relationship breaking down. However, it is highly important to consider what would happen in such a case as current legislation does little to protect partners living together where they have not formalised their relationship either by marriage or civil partnership.
The ‘common law husband/wife’ does not exist in law! Therefore, if a relationship between cohabitees breaks down, there is no entitlement to maintenance payments or automatic rights regarding property or other assets, regardless of the length of the relationship.
And what’s more, a cohabitee does not automatically inherit upon the other party’s death.
Avoiding the Issues
A cohabitation agreement will serve to avoid such issues by setting out the terms on which cohabitees live together and how property and assets will be divided should the relationship come to an end.
This is a complex area of law and it is essential truly specialist advice is sought to make sure the agreement is one that will stand up under scrutiny. Our family team working with our private client team has the expertise to draft a robust agreement that will serve you well and protect your interests and assets.