Thinking of cohabiting? All couples, including same sex couples, should seek legal advice before doing so.<\/p>\n\n\n\n
Many people mistakenly believe that by cohabiting they acquire legal rights such as becoming a \u201ccommon-law wife or husband\u201d. However, this is a misconception, as English Law does not recognise this concept.<\/p>\n\n\n\n
Although the issues that arise following the breakdown of a cohabiting relationship can be similar to those arising on the breakdown of a marriage, the law does not provide the same legal remedies. For example, cohabitees are not entitled to claim maintenance from each other nor can they seek a financial settlement under which assets may be transferred between them in the way that is available on divorce. Instead, cohabitees must rely on alternative statute, such as trust and property law (including claims under the Trusts of Land and Appointment of Trustees Act 1996, known as TOLATA) to resolve disputes concerning property. These claims can often be complex and unsatisfactory, given that most people are unaware of legal rights over property when becoming cohabitees.<\/p>\n\n\n\n
There is, however, some financial protection available for the children of unmarried couples. The Child Maintenance Service (CMS) will assess child maintenance regardless of whether the parents are married. In addition, further financial provision may be sought under Schedule 1 of the Children Act 1989. The courts also have the power to make financial orders for the benefit of the child\/children, including provision for maintenance and housing.<\/p>\n\n\n\n
For these reasons, it is crucial that couples contemplating cohabitation seek legal advice before doing so.<\/p>\n\n\n\n
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