Unmarried Couples Can Protect Their Position With A Cohabitation Agreement

• Published date: 19 August 2021
• Subject Matter: Family and Matrimonial, Family Law
• Law Firm: Giambrone & Partners
• Author: Ms Daniel Theron

The trend towards cohabitation, as opposed to marriage, continues to grow. The Office of National Statics (ONS) confirms that it is the fastest-growing family type with 3.5 million people currently cohabiting in England and Wales. However, the rights of cohabiting couples differ considerably from the rights of married couples. The Women and Equalities Committee, the Select Committee that examines the work of the Government Equalities Office (GEO) and the Human Rights Commission has opened an Enquiry in April this year which will look into the rights of cohabiting partners with a view to reconsidering the law in this respect.

Daniel Theron, a partner, commented "the myth of "common-law spouse" still prevails with many people labouring under the misconception that unmarried partners fall into a special category in line with married couples, believing that in the event of separation or bereavement they have the same rights to property and financial assets such as pensions" he further remarked "whilst there are some limited rights they do not equate to those of married couples. Cohabiting couples should take steps to protect their individual positions and those of their children against an unexpected separation or death. Couples should also consider how the property they live in is held, whether joint tenants or tenants in common, there are significant legal ramifications. Joint tenants jointly own the property and tenants in common each owns their specified share of the property"

A cohabiting couple has no automatic rights if they decide to part ways. In the event of death, the surviving partner, even individuals with the decease's children, has no mandatory right to the estate of their partner in the absence of a will. There is an exception to this if the surviving partner was financially dependent on the deceased, it then may be possible to rely on the Provision for Family and Dependants Act 1975 for assistance.

Many men only discover that they do not share parental responsibility for their own children unless they are named on their child's birth certificate until a couple separates or their partner dies. The man then finds that he is not legally entitled to be involved in the upbringing nor can he make any decisions relating to his children. In the event of separation lack of parental responsibility does not remove the responsibility to contribute to the support of their child.

The financial position for a partner of cohabiting couple when they are no...