Cohabitation & Unmarried Couples
Cohabitation Lawyers
When cohabiting couples separate they can face the same painful experiences that a married couple face. Our cohabitation lawyers can advise you in resolving these issues.
“The family law team at Osbornes is one of the strongest in London; across all areas of work from international cases, financial and children work, Osbornes is a market leader.”
“Osbornes handle a significant amount of complex, high-value divorce work.”
“Osbornes is a top-end firm, a very well-established name. They have high-value matters, deal with complex matters and have a good team.”
What is Cohabitation?
Many couples choose to live together in long-term relationships without getting married. They may share a home, manage finances jointly, and raise children together. However, there is a widespread myth that living together for a certain period gives you the same legal rights as a married couple—often referred to as being a ‘common law spouse’. In reality, there is no such legal status as ‘common law marriage‘ in the UK. No matter how long you’ve lived together, cohabitation does not grant you the same rights or protections as marriage or civil partnership. This can lead to serious legal and financial vulnerabilities if the relationship breaks down. There are no laws for cohabitees to receive shares of pensions, lump sum payments or maintenance from their former partners except where the lump sums or maintenance are for the benefit of a child.
Specialists in Cohabitation Law
Cohabiting couples have often built up a life together over a long period of time. Therefore, there will be various issues to address during a separation. Broadly speaking, these issues may concern any children, financial provisions for the children and the redistribution of finances and any assets between the individuals themselves.
At Osbornes Law, we understand the challenges that cohabiting couples face. Our dedicated team of specialist cohabitation solicitors and family lawyers have in-depth knowledge of cohabitation law. We are committed to providing tailored legal solutions that protect your rights and secure your future. If you are facing cohabitation issues, contact us to speak to one of our team members.
Legal Services for Cohabiting Couples
Cohabitation Agreements
We prepare clear, legally binding cohabitation agreements that set out each partners rights and responsibilities. These agreements help prevent future disputes by clarifying key issues such as:
- Property ownership and contributions
- Financial arrangements, including bills and shared expenses
- Provision for children, where applicable
- Protection of individual assets in the event of separation
A well-drafted cohabitation agreement provides certainty and peace of mind, ensuring both partners understand where they stand legally, should the relationship come to an end.
Buying Property Together and Dealing with Property on Separation
Our solicitors advise on property rights, helping you navigate the complexities of jointly owned property. We ensure that your interests are protected whether you are buying a home together or dealing with property during a separation.
Disputes can arise when one partner has made financial contributions or improvements, but does not have their name on the title. In some cases, one partner may refuse to sell a jointly owned property or may have limited rights if the relationship ends.
Regarding the ownership of and interest in property where cohabitees or former cohabitees are not married, the Court looks at the laws of Land and Trust. The same is true of joint owners of property who were not in a relationship. The Court would look to the common joint intention of ownership of the property was, often determined by whose name the property is in. Still, factors such as agreements, financial contributions towards the property or the general circumstances can also show what the common intention was to be.
Addressing Financial Issues
Unclear financial arrangements can end up causing disagreements between partners. Our team helps secure fair financial settlements, ensuring that both partners’ contributions and future needs are considered.
- Read our blog post: Financial Rights of Cohabiting Couples
- Read our blog post: Unmarried With Children and Splitting Up
Parental Rights and Responsibilities
We offer guidance on parental rights and responsibilities, helping cohabiting parents establish and protect their legal rights. Whether it’s securing parental responsibility or addressing child maintenance and custody issues, we ensure the best interests of your children are prioritised.
Concerning financial disputes, if children are involved, the Courts will look first to the child’s best interests, needs, and carers. Often this can result in a property transfer to a carer until a child reaches the age of 18 or ceases full-time education, with the property then being sold and the proceeds divided between the two former cohabitees. The financial positions of the parents and their child’s financial needs will be important considerations.
- Read our blog post: Do You Pay Child Maintenance if Your Ex is Cohabiting?
Separation Agreements
In the event of a separation, we help couples create separation agreements that outline the division of assets, financial responsibilities, and arrangements for children. These agreements provide a clear framework for moving forward and reduce the potential for conflict.
Cohabitation Dispute Resolution and Mediation
Our cohabitation solicitors are experienced mediators who help couples come to fair agreements without having to go through stressful court battles.
- Read our blog post: NCDR Rules Guide Couples Away From Court
Get Advice From Our Resolution Accredited Cohabitation Lawyers
If you are involved in a dispute with a former partner to whom you were not married, then one of our family team can help you resolve these issues. Our lawyers are Resolution accredited specialists in Cohabitation Law.
To speak with one of our solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
Cohabitation FAQs
What information do our cohabitation solicitors require from you?
To enable our cohabitation lawyers to advise you on your position, it would be helpful if you would provide us with the following information and documents:-
- Details of the ownership of any land or assets owned.
- Discussions that took place before and after the purchase
- Any written or verbal agreements
- Details as to who paid the deposit.
- Full details of who paid the mortgage payments.
- Details of any additional contribution made by you, for example, towards the property, e.g. funding or renovating the property.
- Details of the solicitors who acted in the purchase of any such property.
- If you are renting a property, whether it is rented from the council or a private landlord, the amount of rent paid each week, and whether the rental agreement is in your sole name, joint name or the name of your cohabitee.
When would you sever a joint tenancy?
Severing a joint tenancy is common when people who have bought property together separate. It helps resolve disputes about how much money you should receive if you sell the property.
What is a cohabitation agreement?
A cohabitation agreement is a document between two people who live together as a couple which sets out your intentions and agreement regarding your finances.
What happens when civil partners separate?
If a civil partnership breaks down, you must apply for a dissolution, equivalent to a divorce. If children are involved legal representation can ensure the appropriate arrangements are made.
What is a common law partner?
Although many people may consider themselves as a ‘common law partner’ if not married to their partner, in reality, and from the viewpoint of the courts in England, there is no such thing as a common law partner. And it doesn’t matter how long the couple has lived together. For this reason we refer to couples who live with one another but are not married as unmarried couples, cohabiting couples or cohabitees.
Speak to a Cohabitation Solicitor Today
Call us 020 7485 8811
Email us Send us an email and we’ll get back to you
Osbornes offers a high level of client care and manages client expectations realistically.
They have a strong team, are heavyweights in this space and are very well respected in the courts.
Osbornes handle a significant amount of complex, high-value divorce work.
Osbornes have talented fee-earners at all levels.
Osbornes is a top-end firm, a very well-established name. They have high-value matters, deal with complex matters and have a good team.
I have found the team at Osbornes works very well together to diligently produce a quality end result. Client service has been excellent and I feel like I am in safe hands.
Osbornes is a power house of a family firm. They are robust but realistic and client focused.
Osbornes has lawyers with excellent experience.
Lisa Pepper has an excellent mediation practice, acting for a range of individuals and with a great manner with clients.
Lisa Pepper at Osbornes is an excellent lawyer mediator. She is approachable, calm, unflappable and engaging. I would trust her to mediate on any case.
Her non-judgemental approach quickly gains parties' trust, and her impressive legal expertise ensures all aspects are carefully considered.
I frequently recommend Lisa Pepper with no hesitation as she is obviously at the top of her game in terms of the law.
Mark Freedman is incredibly responsive and conscientious with great street-smarts. A fighter who will get the job done.
Lisa Pepper is an experienced, tried, tested and trusted mediator. She gets results and her success rate at achieving a settlement through mediation is unrivalled.
Osbornes is a hugely impressive firm that offers strength and depth to its clients.
Lisa's substantial insight into financial disputes involving high-net-worth individuals is where her skills lie.
Lisa Pepper is an exceptional mediator. Her mediation skills are outstanding and enable her to resolve even the most complex and confrontational cases.
Lisa Pepper is an outstanding mediator with a reputation for resolving even the most complex disputes.
Lisa Pepper is a mediator with the instinct needed to help clients move forward. She has excellent client skills.
Andrew Watson is a cohabitation specialist.
Lisa Pepper offers remote mediation options alongside standard face-to-face meetings.
Lisa pepper heads the Mediation team and she is often mediating for high-net-worth individuals in both financial and private children matters.
Exceptional mediator’ Lisa Pepper is at the top of her game.
The family law team at Osbornes is one of the strongest in London.
Osbornes‘ family team is headed up by Mark Freedman, a mediator and fighter who will get the job done on both complex financial matters and international children cases.
A market leader across public law, international cases, financial and children work.
"Osbornes Law have a very broad family practice which does all areas of family law at a high level. They have an excellent practice; they are top quality across the board."
Osbornes have been a sound firm forever. They have phenomenal work and an excellent skill set.
Osbornes have high-end partners doing high-end work. They are very impressive.
They have an excellent practice; they are top quality across the board.
Osbornes have a very broad family practice which does all areas of family law at a high level.
He is very hard-working, diligent and thoughtful in his approach. He is on top of the detail and makes strategic decisions.
He commits himself to getting the best results.
He’s a really tough litigator that you certainly want on your side. He will defend his clients to the hilt.
Mark is an immensely capable lawyer, with vast experience and a well-deserved reputation for getting the very best for his clients.
Lisa Pepper is extremely hard-working and adored by her clients. She is a very empathetic and approachable lawyer.
She’s an extremely supportive and kind lawyer and has an increasing mediation profile too
Andrew secured me the best financial settlement for my claim. He is a credit to Osbornes Solicitors.
"It has a strong and experienced team of solicitors who don’t take bad points, work sensibly to get a settlement and who you can always pick up the phone and speak to. They are good lawyers and know the strengths and weaknesses of their clients’ cases. They don’t posture and always pursue their clients cases appropriately. "
"Mark Freedman is a very capable lawyer, renowned for not being a pushover and pushing his clients’ cases as much as he can, but will always talk sensibly about settlement. He is among the best – tenacious, good judgment and tactically aware."
"Mark Freedman is a dynamic and highly experienced family lawyer who fights extremely hard for his clients and is always in their corner, thus ensuring their loyalty and confidence. In a trial you would always want him on your side."
"Bridget Thompson combines her excellent legal knowledge with a clear, succinct and robust style of advice and advocacy. Her approach clearly inspires a high degree of client confidence in her"
"She has impressed me as someone who fights my corner but also understands the importance of resolving issues without unnecessary escalation. She is calm and reassuring."
"Her mediation practice is exceptional; she is also a great solicitor and has a breadth of skill which is really useful."
"He is really experienced and wise. He has a lovely manner about him and clients feel safe with him."
"Jo Wescott is top notch and widely recognised as a rising star throughout the profession. She brings a winning combination of great judgement, an immense work ethic, and a relaxed and charming way with opponents and clients alike. Someone you want on your side”
"Osbornes is pre-eminent for family law in North London. Mark Freedman is a real rainmaker. He is an excellent lawyer and has a top-notch practice"
Mark Freedman is intelligent and personable and has a good selection of high-net work cases.
"Exceptional value for money. Highly competent and reasonably priced. Mark Freedman: one of the best in the field."
"Client-focused. Ready to fight the clients’ corner, but also ready where possible to steer client from unnecessary dispute. Mark Freedman – very experienced, with good instinct for the eventual result. Clients love him and he thinks ahead and directs the client to the best result for the client."
Mark Freedman is a serious player. A fearless family law litigator, who protects his clients’ interests passionately.
Breadth of knowledge and willingness to go the extra mile is what makes it stand out. Mark Freedman – devoted to his clients
Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues. Sources praise the "tenacity and common sense" he brings to challenging disputes.
"Mark is very experienced, competent, good with clients and takes a sensible approach to cases. He knows exactly what he's doing."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"The team frequently deals with cross-border estates for high–net-worth individuals."
"Mark Freedman is a real heavyweight litigator who has dealt with some very significant cases."
"Mark Freedman boxes clever, keeps his powder dry and when it comes to the end game he negotiates a really good deal."
"Mark Freedman has a specific focus on high-net-worth divorces and finance cases where there are overseas assets and trusts."
"Lisa Pepper somehow manages to get parties to settle on matters where there isn’t much hope to start out with."
"Well-regarded family practice assisting clients with substantial matrimonial disputes and sensitive children proceedings."
"Mark Freedman draws acclaim for his work in high net worth divorce cases, including those involving company structures, family trusts and overseas assets."
"He never gives up. He fights for you to the end and has boundless energy."
Bridget Thompson heads the family team, where client care is the top priority.
Mark Freedman advises high-net-worth clients and knows his stuff.
Highly regarded for his experience as a litigation and mediation expertise, Mark Freedman is tenacious and determined. Clients really feel that he is fighting their corner.
[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
They have a really good, strong team, with the junior elements punching well above their weight. It doesn't matter who you talk to; they are all switched on."
"Mark Freedman receives a lot of instructions from clients based abroad, often relating to complex divorce proceedings. Sources say: “His main strengths are his enthusiastic passion for the job in hand and his total dedication to his clients.”
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Accreditations
Our Family Lawyers View the whole team
Claire Andrews
Partner
Family LawMark Freedman
Partner
Family LawJonathan Jonas
Partner
Family LawMaria Kitsiou
Partner
Family LawLisa Pepper
Partner
Family LawYael Selig
Partner
Family LawAndrew Watson
Partner
Family LawJoanne Wescott
Managing Partner
Family LawNaomi Angell
Consultant
Family LawDiana Bastow
Senior Associate
Family LawView the
whole team
