Cohabitation Breakdown (Opposite Sex and Same Sex Relationships)

The legal rights and responsibilities of people living with their partner is often unclear.

There are some who have cohabited for many years who believe that they are in a “common law” relationship and that it gives them the same rights as a married couple.

This is not the case at the moment.

There is no right to claim spousal maintenance and there is no right to claim a share of the other person’s pension.

However, it may still make sense to enter into a cohabitation agreement prior to commencing cohabitation.

While this may seem cynical to some, a cohabitation contract makes good sense in many cases – especially when it comes to the home that you share.

Cohabitation Breakdown

At Tollers, we can outline the main areas where issues may arise in respect of the home and we will suggest ways to avoid potential pitfalls.

A contract can help couples avoid misunderstandings knowing where they stand with the home whilst they are living together and also help guide couples if the relationship breaks down.

We cannot represent both parties in putting together a cohabitation agreement. This would create a conflict of interest should they experience a cohabitation breakdown. We can represent one of the individuals and draft the cohabitation agreement. The other party will be advised to take independent legal advice but it is a choice not a requirement to take legal advice.

A cohabiting couple should also think about what they would want to happen with their interest in the home in the event of their death. The cohabitation agreement will not deal with this. It would have to be dealt with by way of a Will but the cohabitation agreement can include an agreement not to challenge the terms of the Will. Therefore, a woman “A” with children from a marriage who has her own property might want a cohabitation agreement in which her new partner “B” agrees that he (or she) will not as a result of cohabitation make a claim against the Property in the relationship breaks down or challenge the Will of “A” in which she leaves the house to her children.

Talk to Tollers

At Tollers, our experienced Family Law team can assist you with all aspects of Cohabitation Breakdown (Opposite Sex and Same Sex Relationships). Contact our Family Law solicitors on 01604 258 558 or fill out an online enquiry below and we will call you back. 

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Our Cohabitation Breakdown (Opposite Sex and Same Sex Relationships) Experts

Sarah-Jane Webbe
Solicitor
Family Law Solicitor Stevenage - Sarah-Jane qualified as a solicitor in 1999 at a high street practice in London. She specialised in family law from the outset...
Sheena Patel
Solicitor
Sheena joined the Family Department of Tollers as a solicitor in December 2019. Prior to joining the firm, she worked at a local family law firm...
Deborah Atkins
Director
Deborah joined Tollers as a Director in August 2019. She qualified as a Solicitor in 1995 and has specialised in Family matters ever since...
Sally Smith
Equity Partner/Family Mediator
Since qualifying Sally has specialised exclusively in the field of family law...
Natalie La Forte-Brown
Solicitor
Natalie qualified in to the Family Department in 2018 having commenced her Training Contract at the firm in 2016...
Minara Hannan
Senior Solicitor
has extensive experience of dealing with family cases that relate to immigration and international assets...
Leonie Press
Associate Solicitor
Leonie undertook a training contract with the firm and qualified into the family department in 2013. She has specialised in family law ever since...
Katie Herrod
Partner
Katie qualified as a solicitor in 1997 and has been a part of Tollers family department for over 20 years. Katie is a specialist family lawyer with extensive knowledge...
Alan Peck
Head of Family Law team
Alan is a Partner at Tollers with over 30 years of experience specialising in family law matters. Alan acts mainly for breadwinners and home makers...
Sarah-Jane Webbe
Solicitor
Sheena Patel
Solicitor
Deborah Atkins
Director
Sally Smith
Equity Partner/Family Mediator
Natalie La Forte-Brown
Solicitor
Minara Hannan
Senior Solicitor
Leonie Press
Associate Solicitor
Katie Herrod
Partner
Alan Peck
Head of Family Law team
Meet the Full Family Law Team

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