Cohabitation Lawyers

Under English law, unmarried couples enjoy limited rights if their relationship breaks down or one partner passes away. At Birch & Co., our team of expert cohabitation lawyers specialises in assisting unmarried couples in taking the necessary steps to protect their interests and those of their families. We have extensive experience in cohabitee issues, and we offer cost-effective legal advice tailored to your circumstances.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

“I would definitely recommend you to others – Thank you very much” (Mr Laskey)

Why Do You Need Cohabitation Lawyers?

Contrary to what many people believe, there is no such thing as a ‘common law’ wife or husband under English law. Unlike their married counterparts or those in a civil partnership, unmarried couples have no automatic entitlement to a share of the other party’s assets if their relationship ends, and they do not inherit their estate under the intestacy rules if they sadly pass away.

Cohabitation lawyers like ours assist unmarried couples in putting measures in place to protect their interests and ensure they receive all they are entitled to if their relationship ends.

How Can Cohabitation Lawyers Help?

Given the lack of protection offered to unmarried couples by the law, it is up to the parties themselves to take proactive steps to protect themselves and their families. The steps you need to take depend on your individual circumstances but may include the following:

• Cohabitation Agreements

A Cohabitation Agreements offers unmarried couples a cost-efficient, straightforward way of documenting their intentions during their relationship and if it ends. Examples of the types of issues most couples address in their Cohabitation Agreements include the following:

What should happen to the marital home if their relationship ends.
How the couple’s assets should be divided if their relationship ends.
Where their children should live and who they should spend time with if their relationship ends.
Next of kin rights.
Whether the financially weaker partner should receive maintenance if the relationship ends.

Provided your Cohabitation Agreement fulfils the applicable legal criteria and is properly drafted, it should be enforceable against your ex-partner in the event of a split. As a result, the chances of you becoming embroiled in time-consuming, expensive disputes over the issues that arise from the end of your relationship are significantly reduced.

Our cohabitation lawyers will assess your circumstances and advise whether a Cohabitation Agreement would be helpful in protecting your interests. If you wish to put one in place, we will work closely with you to prepare a document that accurately reflects your intentions and safeguards your position.

• Wills

If someone dies without leaving a Will, their assets will be distributed in accordance with the Intestacy Rules. The Intestacy Rules list the individuals who should inherit an estate, including the deceased person’s spouse, children, and other family members, in a prescribed order.

Unmarried couples are not included in the Intestacy Rules. This means that if you and your partner do not make valid Wills, you will have no entitlement to each other’s estate in the event of the other’s death. As a result, your partner’s estate may be inherited by people with whom they had no relationship, and you may be left with nothing.

Making a Will ensures your assets pass to the people and causes you care about when you die, and that your partner is taken care of when you are no longer around to do so yourself. Our cohabitation lawyers will guide and support you through the Will-making process and prepare a watertight Will that accords with your wishes.

• Dispute Resolution

If your relationship breaks down and matters become acrimonious, our cohabitation lawyers are here to offer the advice and guidance you need to enforce your legal rights.

If you have a Cohabitation Agreement in place, our cohabitation lawyers will enforce its terms against your ex-partner and ensure they adhere to their obligations under it. We aways avoid costly litigation where possible and will seek to resolve the issues you face through negotiation or alternative dispute resolution methods, such as mediation.

If you do not have a Cohabitation Agreement, you may still have some rights over specific assets, such as your ex-partner’s property, if you lived there and made substantial financial contributions towards it. Those rights are somewhat limited, though, and claims of this nature are notoriously complex. However, our cohabitation lawyers are experts in this niche area and are ideally placed to provide the advice you need. We will assess your situation to establish your eligibility to make any claim against your ex-partner, and we will guide you through the process from start to finish, working tirelessly to secure a favourable result.