COHABITATION AGREEMENTS AND DISPUTES
FACT FROM FICTION
“Many people in a “common law” relationship are under the misapprehension that in the event of a partner dying or the ending of a relationship they will have similar rights to a married person due to the fact that they have co-habited for a period of time and contributed financially to living costs. “
YOUR RIGHTS AS A COMMON LAW PARTNER
In English law there is no special recognition of being a common law wife or husband. In the event of a separation or one of the partners dying, the law regards you simply as any two persons sharing a house, and there are no special rights relating to the division of assets, maintenance, property share or ownership, to be regarded as next of kin or rights of inheritance.
ESTABLISHING RIGHTS AND SECURITY
Marriage confers specific rights in law, and same sex couples may choose to register a Civil Partnership Agreement giving them certain rights. Cohabiting couples can help establish rights by creating and signing a Cohabitation Agreement. The Cohabitation Agreement is treated in law as a contract and the normal laws of contract apply. It is for this reason that it is important parties have legal advice. Writing wills and keeping them up to date is also important in determining inheritance issues. In order to establish rights same sex couples may choose to enter into a civil partnership giving them certain rights.
WHAT IS A COHABITATION AGREEMENT
A cohabitation agreement is a written agreement that sets out the specific rights of both parties of a cohabitating partnership. Cohabitation Agreements are tailored to the needs and circumstances of individual partnerships and they can cover as many or as few elements as you wish. Cohabitation Agreements can cover property ownership, inheritance, agreement on the education of children, ownership of assets, life insurance and nomination in a pension fund or a death in service arrangement.
FORCE OF THE AGREEMENT
It is essential that a Cohabitation Agreement is properly written in order that it is correctly interpreted under the law. A Cohabitation Agreement which focuses on financial issues will be more effective than a wide ranging agreement allocating household tasks and responsibilities etc.. The agreement should set out arrangements for the split of assets in any future separation.
If you are concerned about your rights or future security speak to a Solicitor from the family law department of Davis Blank Furniss Solicitors.
CALL 0161 832 3304 FOR A CONSULTATION WITH A SOLICITOR AT DAVIS BLANK FURNISS
