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Family Law

Should I make a Cohabitation Agreement?

Over recent years there has been a drastic rise in people cohabiting without getting married.  Many believe that cohabitants are afforded the same legal rights on separation as married couples getting a divorce.  Unfortunately this is not the case and, although many believe it to be true, the concept of a ‘common law marriage’ does not actually exist.

Even if a cohabiting couple lived together for 50 years and had 2 children together, they would have no financial claim against one another on separation.  Although property and trusts law offers a solution, this does not reflect the legal rights which married couples receive.

Rather than relying on the current law available for cohabitees, Cohabitation Agreements can be entered into to offer legal protection for couples.  They can cover financial provision, property rights and child arrangements on separation.  These can be entered into at any time during the relationship and can be altered at any point.  A Cohabitation Agreement can outline for a couple how assets are owned and should the relationship end, what would happen to those assets.

If you wish to book in for an initial consultation to discuss your case, our family solicitors are based in both Wolverhampton and Cradley Heath and serve clients across the West Midlands. For all new enquiries, please call 01902 328 355 or complete our online enquiry form and a member of our team will respond.