There is a common misconception that if you live with your unmarried partner for a long period of time, you will be viewed by the law as “common law married”. In fact, this is a myth. If you and your partner are unmarried and your relationship breaks down or one of you dies, neither of you has any legal right to the other’s money or property.
Unmarried cohabiting couples are also the fastest growing family unit in the UK. The unhappy result of this is an increase in the number of disputes about money, property, and children when couples split up.
Our highly experienced cohabitation solicitors can help you avoid any potential future disputes by helping you create a cohabitation agreement.
We understand it feels slightly morbid to think about the end of your relationship; however, you could save yourself a lot of distress and conflict in the future by taking some time now to make a plan with your partner.
Get in touch with our specialist cohabitation agreement solicitors in South Wales by giving us a call at your local branch in Swansea, emailing mail@geplegal.co.uk, or filling in the enquiry form to the right of the page.
The rights of married couples versus unmarried couples
Put simply, unmarried couples enjoy none of the rights given to people who get married or enter into a civil partnership.
For example, if you are married or in a civil partnership, the law views you and your partner as a unit and (unless you sign a prenuptial agreement) any money/property you bring to, or acquire during, the union will form part of the matrimonial pot.
Upon divorce or dissolution, all money and property must be divided fairly between the couple. On the other hand, unmarried couples have no such rights. Each partner is viewed by the law as an individual and neither has any legal right to anything owned solely by the other.
Similarly, if you are married and have children, both the mother and father will automatically get parental responsibility (to make decisions about the child’s upbringing). If you and an unmarried partner have a child together, the mother automatically gets parental responsibility, but the father will only acquire it if his name is put on the birth certificate, he and the mother make an agreement, or the court makes an order.
Finally, if one unmarried partner dies without making a Will, their partner cannot inherit their estate.
What is a cohabitation agreement?
A cohabitation agreement is a legal document negotiated between you and your partner which sets out who owns what and how your financial and personal matters should be arranged in the event you break up in the future.
You should consider making a cohabitation agreement if you live with your partner (or plan to move in together) and you are unmarried, particularly if you have children or substantial assets.
What should be included in a cohabitation agreement?
Every cohabitation agreement is unique and the exact content will depend on your individual circumstances. We will talk you through your options in detail as well as assisting in negotiations with your partner and their solicitor. A comprehensive agreement could include:
- Who owns what and in what shares, including
cars, savings, investments, and personal belongings - How money and assets should be divided and
arranged upon relationship breakdown - How the rent, mortgage, and/or bills will be
paid upon relationship breakdown - Who should get to live in the family home and
whether any property you own should be sold - Arrangements for children, including where they
should live most of the time and how much contact the non-resident parent
should have - Who gets to keep the family pets
- How debts and liabilities will be serviced going
forward
Are cohabitation agreements legally binding?
Cohabitation agreements are not legally binding, but a court is highly likely to uphold an agreement if:
- It is fair to both parties
- Both parties received independent legal advice
- It was entered into voluntarily
- It is signed by both parties
- It’s kept up to date and truly reflects the
couple’s circumstances - It was executed as a deed
Consider making a Will alongside your cohabitation agreement
If you die without making a Will and you are not married or in a civil partnership, your partner will unfortunately be unable to inherit your estate. No matter your age or circumstances, consider making a Will to ensure your partner is provided for in the unfortunate event of your passing.
Our highly experienced Wills solicitors are on hand to help you draft a strong Will which leaves no room for interpretation or doubt about your final wishes.
Why choose our cohabitation agreement solicitors?
At Graham Evans & Partners, we have over 3 decades of experience providing specialist legal services to individuals across South Wales. We have an enviable reputation for our wealth of knowledge and tireless dedication to achieving positive results for our clients.
With a down-to-earth approach to law, we’ll listen carefully to your needs then provide detailed advice about the best way to draft your cohabitation agreement so as to put you in the strongest position possible.
Some of our team, including Fiona Lee, are members of Resolution, an organisation devoted to the amicable resolution of family law matters. We understand that discussing the possibility of breaking up with your partner is unpleasant; however, we’ll help you come to an agreement efficiently and cooperatively, diffusing any potential for conflict.
Graham Evans & Partners is independently regulated by the Solicitors Regulation Authority (SRA).
Contact our cohabitation solicitors in Wales today
Get in touch with our specialist cohabitation agreement solicitors in South Wales by giving us a call at your local branch in Swansea, emailing mail@geplegal.co.uk, or filling in the enquiry form to the right of the page.