When cohabiting couples separate, it can be far too easy for life to take a wrong turn. Unlike marriage, the legal rights of unmarried couples are not always clear, and resolving cohabitation disputes often requires specialised legal support. Our dedicated HM & Co. Solicitors cohabitation team will ensure that you make the best decisions for your future and any children involved.

What Is Cohabitation?

Cohabitation Meaning
Cohabitation refers to an arrangement in which two people live together in a relationship without being married. It applies to both opposite-sex and same-sex couples. If you share a home and are not married or in a civil partnership, you are a cohabiting couple.

Because there’s no formal legal definition of cohabitation in UK law, cohabiting couples do not share the same rights as married couples or those in civil partnerships. This distinction can become crucial if you ever separate.

Protecting Yourself With a Cohabitation Agreement

Planning for the Future
If you and your partner choose not to marry, it can be helpful to discuss and formally document your plans and objectives for the future. A cohabitation agreement can outline each party’s share in the family home, savings, or other assets, and it can detail responsibilities regarding childcare and living costs.

By setting out these provisions now, you reduce the likelihood of financial insecurity or disputes later. A legally binding cohabitation agreement is especially important if you have children or significant assets, such as a jointly owned home.

If Things Go Wrong: Rights for Cohabiting Couples

Cohabiting Relationship Breakdown
When unmarried couples split, the law treats their finances differently from divorcing couples. In most cases, assets like the family home are not divided automatically. Property disputes are governed by trust and land law, rather than family law. There is also no automatic right to spousal maintenance or pension-sharing orders.

However, you may still have legal options if your relationship ends:

1. Trust of Land and Appointment of Trustees Act 1996 (ToLATA)

   • Allows you to ask the court to determine how property is shared or whether it should be sold.
   • This is a civil claim, and costs can be significant.

2. Schedule 1 Applications

   • Enables one parent to apply for financial provision for children from the other parent.
   • This might include child maintenance or a lump sum, depending on the family circumstances.

Unmarried Parents and Child Arrangements

Cohabitation Law and Parenting
From the courts’ perspective, there’s no difference between children of married parents and those of unmarried parents when determining living arrangements, contact, or child maintenance. However, the child’s welfare remains the paramount concern, and you should seek legal advice if you and your ex-partner cannot agree on a plan.

Why Seek Help From Cohabitation Lawyers?

1. Clarity and Security

   • Understand your legal rights as an unmarried couple.
   • Establish clarity about property ownership, finances, or parental responsibilities.

2. Dispute Resolution

   • Attempt to negotiate an amicable settlement or seek mediation if required.
   • If court action is unavoidable, you’ll need a knowledgeable legal team on your side.

3. Tailored Advice

   • Every relationship is different. Our lawyers will provide personalised support, whether you’re drafting a cohabitation agreement or resolving disputes at the end of a relationship.

Contact HM & Co. Solicitors

If you’re thinking of moving in with a partner, need advice on how best to protect yourself, or are already in a cohabiting relationship and are separating, our team at HM & Co. Solicitors can guide you. We’re here to clarify your legal rights, draft or review cohabitation agreements, and support you through any property or child-related disputes.

Address:
186 Lower Road, Surrey Quays, London SE16 2UN

Telephone:
02071128180

Email:
info@hmsolicitorsltd.com

Our dedicated cohabitation lawyers will ensure you take the right steps forward, giving you confidence and security in whatever lies ahead.