Contrary to popular belief, there is no such thing as “Common Law Marriage”. The statutory obligations of mutual support that exist in marriage or Civil Partnership don’t apply. However, a Cohabitation Agreement can be important if you have children, or one party is financially dependent on the other. One may also be relevant when there is an imbalance of finances, such as in a second relationship.

Whilst there is no legal requirement for an agreement like this, outlining arrangements for finances, property and children, these agreements can protect the rights of unmarried couples. Instead, the law of property and trusts usually contains the governing principles. There have been a number of important developments in this area over the last few decades. In that time, SME Solicitors have dealt with various complex cases in this field and have up-to-date experience with the approach the courts currently take.

Our Worcester-based specialists, Justine Lowe and Ian Stirzaker, can help to create agreements so that the rights and interests of yourself and your loved ones are protected.

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Our family law team.

Why choose our Family Law team?

Seeking expert legal advice is crucial at this time. Many aspects of family law are complex and emotionally challenging. Our advisers, Justine Lowe and Ian Stirzaker, are members of Resolution, a professional body for family law practitioners. They're committed to following a non-confrontational approach, reducing emotional turmoil and making the transition and separation easier.

We use our experience with Resolution, as Mediators and from other areas of the law to assist you through the process. We will ensure that you are properly advised to enable you to make the right decisions and reach an outcome you can rebuild from.

We aim to provide you with prompt, expert advice throughout your case. During our initial meeting, we'll discuss our funding approach and our service quality guarantee. Our goal is to achieve a fair outcome while minimising conflict and emotional distress. We also offer support through mediation or alternative dispute resolution methods, which are often less adversarial than court proceedings.

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We know that this can be challenging, but we are here to support you. Use our diagnostics tools to identify whether you're prepared for the divorce or separation process. We also offer a one hour no-obligation initial meeting at £150.00 + VAT.

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Our advisers are members of Resolution.

Frequently Asked Questions

A cohabitation agreement is a written, signed document, often signed as a deed in front of witnesses. It will generally deal with three principal areas:

  • who owns (and owes) what at the time of the agreement, and in what proportions
  • what financial arrangements you have decided to make while you are living together
  • how property, assets and income should be divided if you should split up

Where the agreement is properly drawn up, the terms are reasonable, and each of you has had separate, independent legal advice on its effect, a court is more likely to uphold the agreement in the event of a dispute. It can also be prudent to include provisions that address potential future events, eg the needs of any future children.

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You can make a cohabitation agreement at any time, whether you are about to start living together or if you have been doing so for many years. Your family lawyer can help you negotiate this agreement and can write it down in a way that it is likely to be respected by the court in case there is ever a dispute about it.

You may also seek the assistance of a mediator to help the two of you talk about the potential terms of a cohabitation agreement, or work out what should happen using collaborative law.

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Unlike on divorce or civil partnership dissolution, there is no particular set of rules that automatically applies if you split up from someone you have been living with. There is no such thing as 'common law marriage'. Living with someone for a certain period of time doesn't mean you are automatically entitled to some financial support or to share their property after you split up.

There have been proposals to change the law but these have not been taken forward to date. This means that where a couple has not been married or in a civil partnership, sorting out disputes about property without an agreement can be expensive and take a long time. A good cohabitation agreement can mean that areas of potential dispute on separation are reduced or eliminated.

Many couples also find the process of making a cohabitation agreement means that they have the chance to think and talk about how living together is going to work financially, meaning that arguments about money are less likely later on.

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You may wish to consider covering:

  • Your shared home
  • Money and paying bills
  • Pensions
  • Personal possessions
  • Children

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It is possible that the law might change in the future to give cohabitants specific rights.

You may need to review the agreement if you move house, have children or your circumstances change significantly. It’s important to ensure that the agreement is kept up to date.

You should also make a Will so that if you die while living with someone, your wishes can be put into effect. Although it is possible in some circumstances for a cohabitant to inherit, there are no strict rules about what should happen so it is important that you make clear what you want.

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