Cohabitation

Cohabitation

Increasingly couples choose to live together in a relationship similar to that of husband and wife. They believe that over time this gives rise to financial rights.  This is not the case and there is no such state as common law marriage.  Therefore, when dealing with relationships where the parties are not married the matrimonial legislation does not apply. Instead, the trust and property law is applied to determine financial interests where a dispute arises as to entitlement.  We are able to assist you in such situations and advise you as to your rights and the most appropriate and cost-effective means by which to reach a settlement.

For those planning to live together we will advise you regarding cohabitation agreements.  Such agreements set out clearly the property rights of the parties and the financial arrangements agreed in the event of separation.  The purpose is to provide certainty for the parties as to their intentions and avoid a dispute which could give rise to costly proceedings.

It is also important for couples intending to live together but not marry to be aware of the financial implications which may arise if one partner dies.  Where parties are not married, and there is no Will, the surviving partner will not be the next of kin under the rules of intestacy and therefore will not inherit.  We are happy to give advice regarding Wills and cohabitation agreements which will ensure that the parties’ intentions as to how their financial arrangements should be dealt with upon death are carried out.