Cohabitation
More and more couples now live together without marrying. The Office for National Statistics reported that in 2022 that cohabiting couples had risen to 22.7% of relationships.
Very few cohabitants have a clear idea of what happens if their relationship ends. Many people wrongly believe that after a few years together, unmarried couples gain the same or similar rights as married couples and that they are in a “common law marriage”. The reality is that no such thing exists. The current cohabitation law in England and Wales is very inflexible and often leads to outcomes that, while legally correct, may seem very unfair. It is unclear when the law in this area may be reformed.
Many people find that they are entitled to less equity than they expect in relation to a jointly owned property. Other cohabitants may find that have no rights in relation to a property or assets held in the name of their former partner. Some people may find that they have to unexpectedly compensate a former partner who has managed to gain an interest in the property. Claims can also be made to meet the needs of the parties’ children.
A Cohabitation Agreement (also known as a Living Together Agreement) can avoid this uncertainty and risk. It sets out very clearly who owns what and what happens if the relationship ends.
Armstrong Family Law can prepare and advise you in relation to an Agreement so that you can be confident that you know what the future may hold if the worst happens.
If the worst does happen, and you don’t have a Cohabitation Agreement, we can advise and represent you in resolving the dispute with your former partner.
If you would like to arrange a consultation, please call 01206 848426 or click here.
Pre-Nuptial and Post-Nuptial Agreements
Armstrong Family Law can act for you at the start of a marriage, not just the end. Pre-nuptial agreements (also known as Pre-marital agreements) were once not worth the paper they were written on, but skce the ground breaking decision of the Supreme Court in the case of Radmacher v Granatino in 2010, they are increasingly common and have a much stronger position in law.
Pre-nups are often most useful in cases where one or both of you have already built up assets before your relationship which you are keen to safeguard. They are of enormous value for people who are marrying later in life or for the second time. They tend to be less worthwhile where a couple are young, have minimal assets and are planning on having children, although it does depend on the circumstances.
Pre-nups should not be thought of as a cast iron way to avoid an expensive divorce or dissolution. The Family Court has to take into account the existence of a pre-nup, but it may decide that the circumstances of the case justify overruling the pre-nup.
Pre-nups aren’t very romantic – but a little effort and moderate expense now can avoid lots of unpleasantness and a huge legal bill later.
We can advise and represent you in relation to pre-nuptial agreements, including preparing and negotiating agreements and advising you whether or not such an agreement is in your best interests.
Please note that Armstrong Family Law can only advise one party to a marriage about a pre-nup. It is vitally important that both of you receive independent legal advice.
You should contact us about your pre-nup in plenty of time before the wedding, preferably many months before. A pre-nup which is completed just before the wedding may not be upheld by the court.
Read the Armstrong Family Law Blog here about pre-nups.
If you don’t get it done in time, you can still have a post-nuptial agreement after your wedding or civil partnership ceremony instead.
If you would like to arrange a consultation, please call 01206 848426 or click here.