family law liverpool cohabitation agreements

Cohabitation (Living Together) Lawyers Liverpool

Cohabitation Agreement Lawyers Liverpool

A Cohabitation Agreement can help to protect your property if your relationship breaks down in the future. Contact our friendly team today to find out how we can help. You can call us on 0151 329 2641 or fill out our online enquiry form.

Cohabiting simply means that you live together. Many people think that if they live together for long enough, they are effectively 'married' and will, at least, have the same rights as if they were civil partners. Although cohabitation does give couples certain legal rights, this should not be mistaken as being the same as those that are granted to couples in a civil partnership or marriage. In fact, cohabitation gives far fewer rights and responsibilities.

It is possible for you and your partner to give your relationship some legal recognition, by agreeing to sign a Cohabitation Agreement. This is sometimes known as a 'living together' agreement. This document will set out what rights and responsibilities each of you have, and owe, to one another.

Cohabitation Agreements

It is important to remember, however, that relationships that are set out in a 'living together agreement' do not have the same legal standing as marriage or civil partnership. As a result, it is not uncommon that in respect of property, e.g. a jointly-owned house, partners that are cohabiting choose to set down in other agreements what their rights are to these pieces of property. However, this should only be done with the assistance of an experienced lawyer, as the terms of these agreements must be drafted very clearly before they will have legal effect.

Lacking any other formal legal recognition of a relationship, cohabiting partners must grapple with certain legal realities, including:

  • Finance – if you and your partner have separate bank accounts, neither of you will be entitled to access the others account. Furthermore, if one of you dies, then the monies in any separately owned bank accounts will form part of the deceased's estate and will be unavailable to their surviving partner.
  • Children – if you or your partner have children together, then you may not necessarily have parental rights and responsibilities over that child. Responsibility is only given to the birth mother, an adoptive parent, or the married partner of the birth mother. You may, however, be able to get this responsibility, by making an agreement with the mother of the child, and registering this with the courts.

What are the Benefits of a Cohabitation Agreement?

  • Creating a Cohabitation Agreement can help avoid fighting over who owns what. If you separated and were unable to agree about what you each own, you may need to go to court to have the issue resolved. However, this is very expensive, and there is no guarantee that the court will award in your favour.
  • A separation is already difficult, but adding uncertainty about things such as your savings can make the time even more painful. A Cohabitation Agreement can help you avoid this.
  • Once the Cohabitation Agreement has been created, you can put it out of sight and get on with enjoying your life with your partner with the comfort of knowing that it is there if you ever need it.

Cohabitation Advice from Family Lawyers Liverpool

If you are unsure about your legal situation, it is well worth seeking professional advice from qualified lawyers. Every situation is different. Our family law solicitors in Liverpool have had first-hand experience of dealing with co-habiting law and will be able to give in-depth legal advice tailored to your situation.

Contact us today on 0151 329 2641 or fill out our online enquiry form.

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