Cohabitation - what are my rights?
If you find yourself in this situation, it is best to seek out family legal advice first. You will be able to get some help in finding out what option is best for you and your family.
Resolution states that although cohabiting couples may ‘make up the fastest growing family type the law does not recognise these couples in the same way as those who are married or in a civil partnership’.
For instance, when married couples (or those in a civil partnership) separate, the law permits courts to divide property and finances in a manner that is fair to both. This is not the same when a couple are cohabiting but unmarried. If a couple separates in this instance, even if they have children together, the partners do not have the same rights. This is the case even if you have been living together for years.
You can make a ‘living together agreement’ which outlines the rights and obligations of each partner towards the other. If you make a living together agreement, you should also make a legal agreement about how you share your property. The latter is known as a ‘declaration of trust’. A family law solicitor can help you with this document.