Living Together But Not Married

Sometimes people refer to couples who have been living together, and possibly bringing up children together, over a long period of time as ‘common law’ husbands and wives. There is, in fact, no such legal status. The law refers to this sort of relationship as cohabitation and the law treats you very differently if you are not married.

1. Can I claim maintenance from my partner?

There is no legal provision for maintenance for co-habitees.

2. Can I make a claim on my partner’s assets?

• Co-habitees do not have the same rights on the breakdown of a relationship as married couples. 
• This is a complex area of law with no clearly defined guidelines.  However we can advise you whether or not you may have a claim.
• When looking at the division of a couple’s property there is no notion of fairness or reasonableness built into the law.  You will need to establish ownership either based on financial contribution or common intention.

3.  What will happen to the children?

The Court will not make any orders in relation to the children unless there is a dispute and either parent has applied to the Court to resolve issues.  Please see our fact sheet on children matters for further information.

4.  What is a Co-habitation Agreement?

It is an agreement setting out arrangements which will apply when the parties are living together as well as establishing rights on the breakdown of the relationship.

5.  Are Co-habitation Agreements legally binding?

• Co-habitation Agreements have yet to be fully tested in Court but they are becoming increasingly popular.  They can be useful as evidence of a common intention to share property if there is a dispute with regard to ownership of assets on separation.
• Both parties should seek the advice of a Solicitor independently. It must also be clear that both individuals intend the agreement to be binding on them. The fact that both have received legal advice will help show this.
• The agreement should only deal with financial and property matters. Any reference to other living arrangements or any terms which appear vague or uncertain may make the agreement enforceable.

RUGBY Lisa Warden Family Secretary Tel: (01788) 532926 Email: lisawarden@brethertons.co.uk	BANBURY Kate O’Brien Family Administrator Tel: (01295) 661 472 Email: kateobrien@brethertons.co.uk

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