An estimated 25% of the population of England and Wales are living with a partner to whom they are not married and this figures continues to grow yearly. Under current legislation, there are is no law to govern what happens to an individual property if the relationship unfortunately breaks down.
Therefore, it has been left to Judges to create legal principles to offer guidance in these situations, but the lack of legislation has left this area of the law to be highly complex.
Our family law team at Braddon and Snow can help you with a range of issues dealing with cohabitation and make the law in this area easy for you to understand. We frequently deal with disputes as to who has what interest in the family home, or any other property brought into the relationship, and further act for clients who require either a cohabitation agreement or separation agreement.
A cohabitation agreement, signed by all parties before or during a cohabitation, can help clarify the arrangements as to who will be responsible for what during the relationship. A cohabitation agreement can further stipulate what arrangements for the children shall be upon separation, or what will happen to any joint accounts and property which you own or have an interest in. Whilst no-one moves in with a partner with the expectation of the relationship failing, it is prudent to consider setting up a cohabitation agreement to set down some financial and practical guidelines.
If you have separated and no cohabitation agreement exists, you and your ex-partner can still sign a separation agreement. A separation can be a very emotional and traumatic experience and therefore having a separation agreement can ease the stress surrounding the ending of a relationship. Like a cohabitation agreement a separation agreement can confirm, for the avoidance of doubt, the arrangements for the children or the financial arrangements.
This area of the law can be challenging and therefore if you do require help our family team can assist. Do not hesitate to contact us for an initi