Cohabitation

Garner & Hancock have drafted numerous settlement agreements and we use our unique agreements not found on the internet and which we believe are stronger than those used by most solicitors. We don’t use templates but go through with the client the specific needs and type of assets they want to protect.

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Frequently Asked Questions

Divorce law only applies to married couples and the equivalent civil partnership dissolution which applies to same sex couples. There are no special rules relating to cohabitees and there is no such thing as a “common law spouse”. Therefore cohabitees facing a relationship break down will have to resolve matters according to general legal principles of trust ownership of properties.

If the parties cannot reach an amicable agreement between themselves then the only recourse is to the law as governed by statute and precedent in the areas of contract, trusts and land (“common law”). However, before you do anything you must attempt mediation or collaboration.

There is no such a thing as a “common law wife” and a “common law husband”.

It is not true that after a given period of time you automatically acquire the same rights from cohabitations married or civilly partnered couples. Someone cannot claim a share in their partner’s house even if they have paid bills or have had children together. The leading case, Stack v Dowden from 2007, sets out that the court will look holistically at the whole of the parties’ relationship.

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Garner & Hancock realise that the prospect of pursuing a legal matter can be challenging, so we offer an initial phone consultation to discuss your options, and to give you information that will help you make the right choices affecting your case.

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Legal Issues

It is common for conflicts to arise between individuals when a relationship comes to an end. These conflicts typically revolve around crucial matters such as the distribution of financial resources, which may include savings and investments.

Legal Issues

Cohab Agreement

As the allocation of assets and liabilities, commonly known as “who gets what?” and “who pays what?”, can be complex and emotionally charged during divorce proceedings, various laws have been introduced over the years.

Cohabitation Agreement

Common Law Marriage

Many in England and Wales mistakenly believe that unmarried couples who live together have a common law marriage and enjoy the same rights as legally married couples, but the reality is that common law marriage does not exist.

Common Law Marriage

Taxes for Unmarried Couples

Married couples enjoy greater tax benefits than unmarried couples. If you are cohabiting – meaning you live together but you are not married or in a civil partnership – you might want to explore this in greater detail. There may be ways of limiting your tax liabilities.

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We believe our business begins and ends with you and your needs, as our client. Therefore, we are committed to providing the best client care and advice which will give you confidence that your matter is handled with the utmost care.

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