Cohabitation
Many couples live together as cohabitees without formalising their relationship by getting married or entering into a civil partnership. In fact, if you do this, you should know that under current law you have no legal rights as partners, even if you have lived together for several years. So contrary to popular belief, there is no such thing as a "common law" wife or husband.
If you and you partner are living together, we recommend you get advice about your situation. For all sorts of reasons, the law is not well-equipped to deal with cohabiting couples. This means that your wishes in the future and for the future, may not be taken into account.
For example, even if you are living together you are not considered to be your partner’s next of kin, so we recommend that you make wills to ensure that you make adequate provision for each other in the event of death. You may also want to make a Living Will, setting out what you would want to happen if you are incapacitated by serious illness.
If you have children together, then you may need to take advice about whether the father has parental responsibility for your children.
If you live in a property which you own jointly, or which is in just one name, this can give rise to complicated disputes about the extent, if any, of each person’s share in the property if you decide to live apart in the future, or in the event of death.
Some pension providers do not automatically pay a survivor’s pension to the partner they live with in the event of death.
We can draw up a cohabitation agreement, advise you on making a Will, or draw up a trust deed in relation to the property to safeguard your and your partner’s interests.
If you have decided not to marry, or enter into a civil partnership, then we recommend that you set out unambiguously, what you intend about the extent of your commitments to each other and obligations towards each other in the event of death or separation.
Please contact Caroline Falkus or Carol Ellinas if you would like further advice.
