Family Law | Co-Habitation

Cohabitation Agreement

We would advise that a cohabitation agreement should be considered in all cases where a couple who are not married share money or property or are financially dependant upon each other.

At Watson Esam we work with our clients to advise on the most appropriate cohabitation agreement for them in their circumstances.

Cohabitational Rights

Many people believe that they acquire rights as cohabitants. This is not the case. One of the phrases we often hear from the public is common law wife or common law husband. In fact in English law there is no such thing as a common law spouse.

There are no cohabitation laws in England. The government has announced plans to give financial and property rights to cohabitants and the Law Commission has made recommendations. However, at present, cohabitants have to rely on general property and contract rights, plus a few special rights for their children, to resolve their affairs if the relationship breaks down.

A cohabitant does not gain any rights simply because they have been in a long term relationship with their partner. At Watson Esam we aim to work with our clients to give them the best possible advice in the circumstances so they are aware of their legal rights despite the limitations of the law.

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