Many couples live together as cohabitees without formalising their relationship by getting married or entering into a civil partnership. If you do this, you should know that under current law you have no legal rights as partners, even if you have lived together for several years. Contrary to popular belief, there is no such thing as a "common law" wife or husband.
If you and your partner are living together, you should get advice about your situation. For all sorts of reasons the law is not well-equipped to deal with cohabiting couples. This means that your wishes in the future and for the future, may not be taken into account.
For example, even if you are living together you are not considered to be your partner's next of kin. If you have children together, then you may need to take advice about who has parental responsibility for your children.
If you live in a property which you own jointly, or which is in just one name, this can give rise to complicated disputes about the extent, if any, of each person's share in the property if you decide to live apart in the future, or in the event of death. Some pension providers do not automatically pay a survivor's pension to the partner they live with in the event of death.
We can draw up a cohabitation agreement, advise you on making a Will or making a Lasting Power of Attorney and draw up a trust deed in relation to the property to safeguard your and your partner's interests.
If you have decided not to marry, or enter into a civil partnership, then we strongly recommend that you set out unambiguously, what you intend about the extent of your commitments to each other and obligations towards each other in the event of death or separation.
Please contact Graham Atkins (London) and Michelle Ellis or Louise Cardwell (Suffolk) if you would like further advice.
Authorised and regulated by the Solicitors Regulation Authority (SRA No 441436)
Offices at 41 Maiden Lane Covent Garden London WC2E 7LJ
and Low Green Barn Nowton Bury St Edmunds Suffolk IP29 5ND
Atkins Thomson Solicitors Copyright 2009
