Cohabitation - Separation and Finances

Thinking of living with someone or breaking up from a relationship with a live-in partner? Because things are different legally when you are not married, you need specialist advice from family lawyers who are experienced in dealing with these issues.

Unmarried couples who live together have fewer legal rights than a married couple and, therefore, if the relationship breaks down, there are very different legal implications. It is therefore very important that you receive specialist legal advice before attempting to reach an agreement with your ex-partner.

Where there are issues about children, finances or assets, it is vital to take specialist legal advice.

How Can We Help You?

The family law team at John Hodge Solicitors has wide experience of dealing with disputes between unmarried couples and , our experienced family lawyers  can help protect your relationship and your best interests by:

Drawing up a Cohabitation Agreement, in which each person’s intended financial contribution is set out, plus their intentions about shared ownership of a home and the family’s assets. A Cohabitation Agreement is a written, signed document, often signed as a deed in front of a witness and they generally deal with three principal areas:

• Who owns (and owes) what at the time of the agreement, and in what proportions
• What financial arrangements you have decided to make while you are living together
• How property, assets and income should be divided should the relationship break down.

You can make a Cohabitation Agreement at any time, whether you are about to start living together or if you have been doing so for many years.  Where the agreement is properly drafted, the terms are reasonable, and each of you have taken independent legal advice, a court is more likely to uphold the agreement in the event of a dispute. Our Family Lawyers can help you to negotiate an agreement and can draft that agreement in a way that is likely to be respected by the court should there ever be a dispute about the terms.

A Cohabitation Agreement can include provisions in respect of your shared home, what financial contributions are to be made by each party, personal possessions. Such agreements are not legally binding in respect of children, but can prompt consideration of the provision for children over and above the minimum expected by the child support system in the event of your separation, and set down some expectations about how the children would be cared if you were to live apart.

It is possible that the law might change in the future to provide cohabitants with specific rights. Under the current proposals, if you have an agreement about what you want to happen in the event of your separation, this will take precedence over any new scheme that comes in.

You may need to review the agreement if you move house, have children or your circumstances change dramatically. It is important to ensure that the agreement is kept up to date. Advising on a Will that gives effect to your wishes and providing you with details of our experienced Probate Lawyers.

Achieving a Financial Settlement Through Negotiation

Whether or not you have a Cohabitation Agreement if it is not possible to reach an amicable agreement with your former partner, we will advise you where appropriate to seek a referral for mediation and,  if mediation is unsuccessful,  pursuing matters through the Courts.

Why Use John Hodge Solicitors?

Our family law team will use the benefit of their experience to:

• Look carefully at all the circumstances of your situation
• Consider what action would be in the best interests of your children and yourself
• Introduce you to any mediating agencies that could help
• Support your decisions through informal negotiations, formal court procedures, or both in order to achieve the right settlement for you.

Our family law team understand that separation is often a very difficult period for you and your loved ones. Our experienced Family Lawyers will guide you and provide specialist legal advice to ensure that the outcome suits your needs.

We have Family Lawyers across Bristol and Somerset with offices based in Bridgwater, Clevedon, Wedmore, Weston-Super-Mare and Yatton.

Our experienced Family Lawyers offer a free initial consultation within which your Family Law issues can be discussed with no obligation on your part to instruct us after that appointment.