Cohabitation Agreement - The Best Legal Protection For Unmarried Couples

• Published date: 30 June 2020
• Subject Matter: Employment and HR, Family and Matrimonial, Retirement, Superannuation & Pensions, Family Law, Wills/ Intestacy/ Estate Planning
• Law Firm: Giambrone & Partners
• Author: Ms Annah Cheatham

Whilst the vast majority of couples are living as married couples in Britain, cohabitation, as an alternative to marriage, has continued to grow in the UK over the last ten years. There is a declining trend seen in the numbers of the population who are married and an increasing trend in the population that are cohabiting. The latest figures from The Office of National Statistics (ONS) show that cohabiting couple families are now the second-largest family type at 3.5 million (18.4%).

Many people are living happily together as cohabiting couples in the UK but labour under the impression that they have "common law" rights over shared property and money that are similar to those of married couples. This belief can erupt as an unwelcome time bomb when an event such as separation or the death of one party should occur as, in fact, there are no such legal protections for individuals living as a couple but not married or civil partnership. In such a circumstance there is very limited legal protection for the separated or remaining partner to rely on.

The COVID-19 pandemic and the widespread loss of life has compelled many people to recognise that they should make absolutely sure that their loved ones are in the best position possible should the worst happen. The rights of cohabiting couples are quite limited and must fall within certain circumstances to apply. A father does not share parental responsibility unless he is named on the birth certificate of any children of the relationship. Only the mother has automatic parental responsibility. Therefore in the event of separation or death of the children's mother, a man may find that he is not legally able to be involved in the upbringing or any decisions made in connection to these children. However, even if a parent does not have parental responsibility for a child there is an obligation for the non-custodial parent to contribute to the support of their child.

Finances are another area where a surviving or separated cohabitee may experience difficulties; everything from pensions to funds in a joint bank account need to be addressed.

Annah Cheatham, an associate in Giambrone's family team, points out "it is vital that a couple consider how a property to which both parties have contributed is able to be fairly shared between them on death or separation to ensure there is a degree of security extended where there is a financially...