Carol Maher of Chenery Maher Solicitors considers the serious consequences of drifting into cohabitation

Chenery Maher Solicitors offer advice about pre-nuptial, cohabitation agreements and civil partnerships to ensure your rights are protected in the event of your relationship breaking down.

There are over two million couples living together in England and Wales in cohabitation. Although cohabitants are now given legal protection in several areas, they and their families have significantly fewer rights and responsibilities than their married counterparts, however, many cohabitants are not aware of their position and consequently take no steps to protect themselves.

In practise a woman can live with a man in a property held in his name for 20 years, have 6 children by him and still be left with nothing if the relationship ends and they are not married.  The concept of the‘common law wife’ is an urban myth and many individuals are lulled into a false sense of security believing that ultimately they will still have significant rights on separation.

It can seem strange when you’re in a new relationship and everything is going well to consider a bleaker time ahead, but essentially planning for a negative outcome is even more important than planning ‘happily ever after’ and it is essential to formulate some ground rules for the future.

Like many aspects of forward life planning, such as starting a pension, health insurance or making a will, which are all widely accepted as important and sensible, co-habitation agreements have a significant part to play in securing a safe future for all concerned and are destined to become ‘the norm’'. This is especially so following a recent House of Lords decision in which it was made clear that a court can look for evidence of what the parties intended as to how the property would be owned, even if the house was purchased in joint names.  At present however, they are still often overlooked.

This is probably largely because people are more likely to casually drift into co-habiting unlike making the more formal commitment involved in a wedding to establish a marriage orcivil partnership. Once they are in a relationship it is subsequently easy for important legal issues to be forgotten against the background of daily domestic routine.  “Too often we have clients coming to us for legal advice only afterwards when they need help in fighting a claim for a share in assets and support when their relationship breaks down.  By then it can be like trying to close the stable door after the horse has bolted” says partner Carol Maher.

In some limited respects the legal rights and responsibilties of a cohabitation relationship are gradually catching up with those of a traditional marriage, but the position is very different with regard to the parties’ property rights.  Chenery Maher Solicitors have an excellent track record fighting cases of this nature, but ultimately a simple meeting when a couple first decide to live together to set up a co-habitation agreement is far more effective and can save so much financial hardship and heartache down the line.

Those contemplating marriage or civil partnership can enter into a pre-nuptial or pre-marriage agreement. The document will record the financial position of each party and what the couple intend should happen in the event that the marriage breaks down. Although not yet formally recognised in this country, there have been numerous cases in recent years in which the outcome has been influenced by the terms of such an agreement.

To talk to Carol about the straightforward and simple process of establishing a Co-habitation Agreement to protect or clarify the rights which each party to the relationship is to acquire, or to discuss any other family law issues, you can call her to make an appointment on 01200 422264.

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