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 Law offers affluent clients representation in high-value, complex family matters.”
“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 prefer to live together in long-term relationships without being married. This often means sharing a home, shared finances, and raising children together. However, unlike marriage or civil partnerships, cohabitation does not have a specific legal status in the UK. This means that cohabiting couples do not automatically have the same rights and protections as married couples when they separate. 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 cohabitation solicitors have in-depth knowledge of the laws affecting unmarried couples. We are committed to providing tailored legal solutions that protect your rights and secure your future.
Legal Services for Cohabiting Couples
Cohabitation Agreements
We draft cohabitation agreements that clearly outline each partner’s rights and responsibilities. These agreements cover property ownership, financial arrangements, and provisions for children.
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.
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
We assist cohabiting couples in managing joint finances and addressing financial disputes. 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
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
"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."
"Lisa Pepper is a standout mediator - smart, sensitive and able to narrow the issues with ease."
"Lisa is good at cutting to the chase and identifying issues. She gets people talking and brings people together."
"Lisa is excellent - she's efficient, has a very good rapport with her clients and has an enormously outgoing energy. She is very effective in managing clients' cases."
"Mark has a strong no-nonsense approach with a dose of realism and commercial acumen that clients respond to."
"Mark is very good at taking a firm line and sticking to it. He doesn't pick unnecessary fights. He is very commercial and good on money cases, and extremely good value in the London market."
"Mark leads the team superbly. He is very able, thinks laterally, fights his client's corner, and invariably succeeds in getting a good result via negotiation or litigation."
Osbornes is vastly experienced and able to think around the issues and consider them in a new and refreshing way
Osbornes is a really good team that gives a first-class service which is both sensible and insightful but also supportive of the client's needs.
Osbornes Law offers affluent clients representation in high-value, complex family matters.
They are uniquely placed to cater for every avenue of family legal difficulty, whether financial or children.
Osbornes has one of the strongest family law teams in the business with a very wide range of experience and seniority
Osbornes has incredible strength in depth across every area of family law, from public law children and child abduction proceedings, through to adoption and surrogacy, and private client work.
Areas of expertise for the group span from unravelling complicated trusts and handling pre-acquired wealth, to Children Act proceedings and advising on the financial provision for children
"Osbornes have been a sound firm forever. They have phenomenal work."
"They provide excellent advice and service to clients."
"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 offers a unique service of high quality advice and representation across a wide range of areas of law."
"The team are all eminently approachable and down to earth, committed, hardworking and who support their clients in a very effective, pragmatic way."
"Osbornes offers an excellent family law service spanning the wide range of disputes that may arise, in relation both to children and finances."
"A family team that is able to offer the highest level of expertise across the family law spectrum from high-net-worth finances through to care proceedings and children matters."
"Mark Freedman is intelligent and personable and has a good selection of high-net work cases".
"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 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."
"Naomi Angell is a highly esteemed practitioner who is highlighted as "a leader in the field" and "extremely knowledgeable" by interviewees. She is particularly recognised for her experience in complex adoption disputes."
[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
This team is perhaps best known for its children work, often involving complex international dynamics.
News & Insights from our Cohabitation LawyersVIEW ALL
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11.7.2024Unmarried With Children and Splitting Up
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My Partner Owns The House. What Rights Do...
Moving in with a partner who owns the house Unlike married couples or those in civil partnerships, cohabiting partners have...
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19.5.2023Declaration of Trust for Property
If you are buying a property jointly, you may want to consider making a declaration of trust to record your...
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Cohabitation Agreements
Unmarried couples who live together do not have the same legal protection as married couples and civil partners when they...
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Severance of a Joint Tenancy
Severing a Joint Tenancy Normally, when couples buy a property together they do so as joint tenants. This means they...
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Tenants in Common vs Joint Tenants
Tenants in Common vs Joint Tenants: Which is best for buying a property together? When buying a property with someone...
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9.6.2022TOLATA Claims
What are trusts of land? Property ownership is not always a straightforward legal issue, particularly where the parties are cohabitees...
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25.3.2019Financial Rights of Cohabiting Couples: Case Law
Introduction to Gow v Grant [2012] UKSC 29 Gow v Grant [2012] UKSC 29 is a decision of the Supreme Court dealing with the...
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25.3.2019Do You Pay Child Maintenance if Your Ex...
Does cohabiting with a new partner affect child support? – Case Law The case X v Y (Maintenance Arrears: Cohabitation) (2012) considered...
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Accreditations
Our Family Lawyers View the whole team
Claire Andrews
Partner
Family LawMark Freedman
Partner
Family LawLauren Hall
Partner
Family LawMaria Kitsiou
Partner
Family LawLisa Pepper
Partner
Family LawMartin Ross
Partner
Family LawYael Selig
Partner
Family LawAndrew Watson
Partner
Family LawJoanne Wescott
Managing Partner
Family LawNaomi Angell
Consultant
Family LawView the
whole team
