London Family Lawyers Representing Unmarried Couples
Many couples in the UK choose to live together, have children, purchase property and make a life together, but do not wish to get married or enter into a civil partnership. It is important for these couples to understand that should the relationship breakdown, the law does not provide them with automatic rights and protections when it comes to financial and property settlements. There is no legal principal of "common law" wife or husband in English law.
At Rollingsons Solicitors Ltd, we assist cohabiting couples in creating documents that outline each party's interest in property. These documents are called "declarations of trust," and they often are the best way for each partner to protect his or her rights in the event the relationship ends. Having a thorough declaration in place is critical, because the laws of divorce and civil partnerships do not apply in cohabitation situations.
Contemplating the Full Spectrum of Cohabitation Issues
Our London cohabitation disputes lawyers are ready to sit down with you and explore your wishes and goals. We will explain how trust and property legislation affects cohabiting partners and offer solutions tailored uniquely to you. We can then draft a declaration of trust (cohabitation agreement) that addresses a wide variety of potential issues, including:
- Dealing with the family home and other assets
- Children matters, including child support, child residence and other provisions for children
- Support and financial provision for the children of the family
- Financial settlements
- Inheritance claims
- Incapacitation and end-of-life decisions
- The preparation of cohabitation agreements and the consequences of signing the same
Different From Divorce
Cohabiting couples are sometimes disappointed to learn that financial settlements are based largely on what income or assets you put into the relationship, not on an equitable split of the assets accumulated during the relationship. We will analyse your contributions to the household, the gifts and inheritances you received during the relationship, and the assets you owned before the relationship began.
In cases involving cohabitation with jointly owned property, we have residential property lawyers who are able to advise on issues of joint tenancy.
Recent Supreme Court Decision Related to Cohabitation
The Supreme Court recently decided a case, Jones v. Kernott, which illustrates how important it is for cohabiting couples to create a plan for asset division in the event their relationship ends. The couple had lived together for about 12 years, had children and purchased property. The property was held in their joint names. Without the benefit of a document spelling out how the property was to be allocated at the end of the relationship, the couple was forced into a lengthy and costly legal battle.
Contact the London Cohabitation Disputes Solicitors at Rollingsons
The law around cohabiting couples is under constant review. To learn more about the current law and our work on behalf of cohabiting couples, please call 0808 159 5250 or contact Rollingsons Solicitors online. We offer an initial consultation at no charge to you to discuss your needs and requirements.
