Protecting your legal rights in cohabitation

It is believed that one in eight couples in the UK live together but are not married or in a civil partnership. This is called ‘cohabitation’, an increasingly popular relationship choice that suits millions of people.

While this arrangement may work well, it’s important to understand the legal position of cohabitees, especially in a family law context.

The reality of cohabitation

Contrary to popular belief, the idea of living together as ‘common law husband and wife’ is misleading. Cohabitation does not convey the same rights and protections as marriage or civil partnership.

Without formal legal recognition, cohabitees can be left vulnerable, especially when relationships end or one partner passes away.

What happens when cohabitation ends?

Many people wrongly assume that living together for many years entitles them to half of the property or ongoing financial support after a breakup. Unfortunately, this is often not the case.

At Thomas Mansfield, our cohabitation lawyers regularly advise clients who are surprised to learn they have limited legal recourse in dividing assets or securing financial support.

The importance of a cohabitation agreement

For cohabiting couples, a cohabitation agreement can offer protection and peace of mind.

This legal document outlines what should happen to a couple’s home, finances, and children in the event of separation. While it may not be a romantic conversation, it is a practical step to prevent future disputes.

It’s essential to have the agreement drafted by a lawyer to ensure it’s legally enforceable.

Children and cohabitation

Protecting children is a priority for family lawyers, especially when it comes to cohabitation.

The case of Siobhan McLaughlin highlighted the disparity between the legal rights of children born to married versus unmarried parents. The Supreme Court ruled that Ms McLaughlin and her children should receive bereavement benefits, a decision based on fairness and the protection of the family.

However, many families remain without the same legal protections.

Moving towards equality

The case of Ms McLaughlin has sparked debate about whether the law should be changed to extend benefits to the children of cohabiting parents.

While this change may take time, it serves as a stark reminder that not all families receive equal legal treatment under current laws.

If you’re cohabiting or considering it, protecting your legal rights is crucial.

Contact our expert family law team to discuss how a cohabitation agreement can help safeguard your future and your family.