THE MARSHALL & GALPIN GUIDE TO COHABITEES
There is a lot of misunderstanding about the legal position of couples who live together. Sometimes it is thought that they become “common law” husbands and wives and that this gives them legal status and rights similar to a couple who have married. This is, in fact, not the case and there is no such legal status as being a “common law” husband or wife.
A couple living together need to think carefully about what they intend and expect in a number of important areas, including property and financial support, their children, pensions and inheritance. If the relationship ends very different rules apply for a couple who are married and those who are not. On divorce a Court can share out assets and order maintenance in the way it considers fair. This is not the case for unmarried couples and the entitlement on the breakdown of the relationship or death could be very different from what was expected. For example, a couple may have lived together for many years but this may not entitle either party to maintenance or an even share in the house in which they live.
There are significant differences also with regard to rights of inheritance, exemptions from inheritance tax and pensions.
The law relating to cohabitation both for same sex and different sex couples is complex and we recommend careful thought is given as to what rights and obligations are expected from the relationship; it is often helpful to take specialist legal advice. If we are assisting you in purchasing a property we can help you consider the options and draw up a Trust Deed.
We can also advise with regard to Cohabitation Agreements. These are not yet fully tested in the Courts and are not always enforceable but they can help couples think about what is to happen if their relationship ends and can set down common intentions, particularly with regard to financial and property matters.
If a relationship ends we can advise one of the parties about their legal status or we can assist a couple by means of mediation.
It is very important for unmarried couples to make Wills to ensure that on death their wishes are taken into account. The rules that apply if there is no Will are unlikely to achieve what was intended.
The Law governing same sex couples and their legal rights changed following the coming into force of the Civil Partnership Act 2004. It is possible for same sex couples who are unable to marry to register their partnership. Following their relationship breakdown, if a financial agreement cannot be reached, either party will be able to make an application to the Court. The Judge will be able to make a range of financial orders which will be similar in nature to those orders made within matrimonial proceedings for married couples.
For further information, please contact:-
James Stonham (Thame) 01844 219102 email - mailto:james.stonham@marshallgalpin.com
Simon Bassett (Abingdon) 01235 557008 email - mailto:simon.bassett@marshallgalpin.com
Mark Phillips (Oxford) 01865 268630 email - mailto:mark.phillips@marshallgalpin.com
Angela Davies (Thame) 01844 219110 email - mailto:angela.davies@marshallgalpin.com
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