August 27, 2018 | Posted by : J Morris
There are almost 7 million cohabitants in England and Wales, but many unmarried couples are unaware that their partnership is not eligible for basic legal protection – particularly when it comes to separation, children’s issues, and will disputes. Under current legislation, cohabiting couples are not, unfortunately, afforded the same protections as married couples, and must be careful to take steps to assert their legal rights.
The best way to do this is with a cohabitation agreement – a formal document much like a prenuptial agreement – which sets out the potential division of assets, share of property, and intentions for co-parenting in the event of separation. Other legal protections, such as a will, ...
April 27, 2017 | Posted by : J Morris
Under the current UK family law system, unmarried couples who live together (also known as ‘cohabitants’) do not automatically have the same legal rights as married couples, and this can cause particular problems when it comes to the ownership and division of property.
Married couples, and those in a civil partnership, are ascribed certain automatic property rights, regardless of how much each of them contributed to its cost or maintenance. However, for cohabiting couples the situation can be more complicated if a property is not jointly owned or they do not have a declaration of trust in place.
A declaration of trust details each party’s share in a property, and can be used as a way to protect the investment should ...