Cohabitation agreements and falling rates of marriage - what protection does the law provide?
The Guardian has reported that the proportion of married people in England and Wales has fallen below 50% for first time. What does the law say about rights for cohabiting couples?
Cohabiting couples may make up the fastest growing family type, but the law doesn’t recognise these couples in the same way as those who are married or in a civil partnership.
You may have heard of ‘common law’ marriage - but this is a myth!
Many couples think that if they have lived together for years or have children they will be legally recognised as a couple and be entitled to support with finances if the relationship breaks down. However, this is not the case, which makes it very difficult to claim a share in the family home or your partner’s finances if you split or break-up.
For couples living together it can seem normal for one partner to give up work to care for children or elderly relatives, or for the couple to make a verbal agreement where one pays the mortgage and the other pays the bills. But without having a cohabitation agreement in place, the court can’t make your ex pay maintenance to support you just because it might seem ‘fair’.
If would seem that family law is in need to urgent change in this area to improve rights and protections for cohabiting couples. But is there anything that can be done to improve your options?
What can be done?
If you are cohabiting and not in a civil partnership or marriage, it is wise to seek legal advice to find out what option is best for you and your family. Options can include Cohabitation Agreements, Wills and Declaration of Trusts.
There are risks to not having a cohabitation agreement. If your name is not on a deed or other rental agreement, you do not automatically have a right to stay in your home. Even if you have put money into the family home by paying bills, helping with the mortgage or deposit, you are not necessarily entitled to get anything back.
Resolution also have a very good section on ‘Your Rights when Living Together,’ specifically aimed at those couples not married or in a civil partnership.