What Happens If My Cohabitation Breaks Down?

Though cohabiting has become increasingly popular over the past fifty years, there still remains a lot of confusion around the term. When the cohabitation ends, many couples are left confused about what their rights are or whether they should seek legal advice.

As experts in cohabitation agreements and disputes, we understand all the legislation pertaining to cohabitation. In this article, we explain everything you need to know about the arrangement, including what to do should your cohabitation come to an end.

What is cohabitation?

Cohabitation is an arrangement where two people are living together but are not married. They are usually involved in a romantic relationship on a long-term basis.

What is a cohabitation agreement?

Cohabitation is a legal agreement made between a couple who have agreed to live together. The cohabitation agreement allows the couple to be treated as a married couple, thereby reaping some of the benefits afforded to married couples in particular areas (e.g. child support or mortgages). However, not all areas (property, pensions, insurance) recognise cohabiting couples in this way. 

The agreement is designed to protect couples from lengthy legal proceedings in the event that their cohabitation breaks down. The agreement sets out what should happen to assets in the event of a separation.

What are your rights if  your cohabitation breaks down?

The cohabitation agreement sets out your rights should your cohabitation come to an end. The agreement should detail the arrangements pertaining to finances, child care and assets. However, the agreement may not cover all legal issues, and so we recommend obtaining a trust deed to set out property rights.

If you did not enter into a cohabitation agreement, you will need to seek further advice regarding your legal rights. Contact a solicitor that specialises in cohabitation agreements and disputes.

Should you seek legal advice if your cohabitation ends?

We highly recommend seeking legal advice in the event that your cohabitation breaks down. Though many of your rights should be set out in the cohabitation agreement, a specialist will be helpful to guide you through the process. Discussions may need to be held about the division of certain assets, including the home that you both shared. A lawyer that specialises in cohabitation will engage in negotiations on your behalf and steer you towards a favourable outcome.

Goodwins Family Law Solicitors offer expert advice and representation in various areas of family law, including cohabitation. Our team offers professional guidance, helping you through any family law disputes. With over 25 years’ experience and an exceptional client satisfaction rate, you can trust in Goodwins Family Law to resolve any and all issues. 

We’ll help you close this chapter of your life and transition into the next. Contact our team today.