Many people do not realise that the “common law marriage” is a myth, the law relating to unmarried couples is completely different to if you are married.
Currently there is very little legislation to protect or regulate the rights of unmarried cohabitees if the relationship comes to an end. This can lead to disputes when unmarried couples separate regarding property ownership and entitlement, division of assets, settlement of debts, and arrangements for the children. Although there has been much discussion about the need for reform of this area of law, the government has repeatedly rejected any proposals.
If you are thinking of moving in with your partner, it is important to take advice about how any property will be owned and any future contributions recognised, how you will operate any shared finances, shared financial obligations, the repayment of any debts, the care arrangements for your children and what would happen in the event of the death of either one of you. At Wilson Family Law, we are able to assist you by drawing up a Cohabitation Agreement or Declaration of Trust, either of which will provide you with a legal framework to protect you should the relationship break down in the future. A Declaration Trust confirms the intended ownership of any property and will set out a mechanism by which either joint owner can force a sale / transfer of equity. A Cohabitation Agreement is a more comprehensive legal document, which deals with the intended ownership of property but which can also set out agreements to regulate your shared assets and financial obligations and responsibilities. You can also set out the future arrangements for any children in a Cohabitation Agreement. The Court will hold you and you partner to the terms of any such agreement if you were to separate in the future, provided that the agreement has been properly prepared.
If your relationship has broken down, there are a number of legal claims which can be made and it is important to take legal advice to ensure that you are receiving your full legal entitlement and your children’s needs are met for the future. The law relating to unmarried couples can be complex.
At Wilson Family Law, we specialise in dealing with these types of disputes and we will be able to provide you with comprehensive legal advice about every potential claim which could be made. We will provide clear advice about your legal rights and work with you to secure the most advantageous outcome.
At Wilson Family Law we offer a completely free initial consultation to advise on any aspect of Family Law. At the appointment we will take full details of your circumstances and provide comprehensive advice as to your options together full quotation of likely cost. We will listen to what you hope to achieve and work with you to find the solution which works best for your family.
To book your free initial consultation fill out our form or you can email or call the office