At Jacksons Law Firm, we have a number of solicitors who are Resolution members.
Resolution is made up of solicitors and other professionals working in family law who commit to take a more constructive approach, reducing the need for a confrontational approach.
This year, to celebrate its 40th Anniversary, Resolution is using an ‘Awareness Week’ to launch its Vision for Family Justice, focusing on the need for cohabitation reform and the importance of early legal advice.
Despite cohabitation becoming increasingly the norm for many families, there still remains a significant difference in how the law treats cohabiting couples when compared to those who are married or in a civil partnership – irrespective of the length of cohabitation. A common myth is that people become protected by ‘common law marriage’ however this is incorrect and will not afford you any protection.
Whilst it is always hoped that relationships can be long and enduring, you should consider your options if there is a breakdown in relationship.
Some of the key differences to note are set out below:
Property
When married, the family home will often be considered a matrimonial asset irrespective of legal title and can be used to reach a financial settlement upon divorce to meet the needs of both parties. For cohabiting couples, the starting point is that ownership of the property follows the title deeds.
If you make contributions to the property such as mortgage payments or renovation payments, this does not give you an automatic interest in the property but it can give rise to a claim. To avoid any dispute, any contributions made should be agreed and documented to protect the non-owner’s position, this can be done using a cohabitation agreement.
Pension
If one spouse has been able to accrue a pension, upon a divorce the other spouse may receive a proportion of this by way of a Pension Sharing Order. This protects the pension position of married or civil partnership couples, particularly if one party took time out of their career to raise children. There is no equivalent claim to bring for cohabiting partners upon the breakdown of a relationship.
Maintenance
It is not uncommon for there to be a higher earner within a family and for salary and savings to be shared throughout a relationship. Where there is a need for financial support for the lower earner, spousal maintenance payments may be granted following a divorce to provide that spouse time to find work etc.
On the breakdown of a relationship for cohabiting couples, access to the other partner’s funds can be cut off and there is no ability to claim for financial support for yourself, there is only an available route for payments for any children.
It is important that cohabiting couples protect their position, we have set out some options that can be considered:
Legally Named on Property
If renting or purchasing a property together, you should check the position of the rental agreement and title deeds and where possible have both parties named on this.
Cohabitation Agreement
This is an agreement which can be drawn up to set out the arrangements of the cohabitation and then intentions of both parties for the property, finances and any support for children upon the breakdown of a relationship. This will help provide protection to both parties and help in reducing any potential future litigious action by either party. Please do not hesitate to contact a member of our Family Department should you wish to discuss this further.
Taking out life insurance and creating a Will – you may wish to consider taking out life insurance and creating a Will to protect your family, we are able to refer you to our Private Client Department for further information on writing a Will.
If you would like to further discuss protecting your position as a cohabitee or if your cohabitation has broken down and you would like some advice as to your position, please do not hesitate to contact the Family Department.
