Cohabitation

If you are not married and the relationship you are in breaks down, then the division of your assets will be dealt with in a different manner than if you had been married.

The term ‘common law spouse’ is often used by the media and implies certain rights. In fact, the concept of a common law spouse was abolished in 1753 and no such relationship is recognised by the law today.

The number of claims you be able to make will be severely limited and often only include claims against the home (depending on the method of ownership), child maintenance claims and very limited claims under the Children Act 1989 for additional support.

It is possible to deal with most matters via a deed of separation when cohabiting couples split up. It is also possible for a cohabitation agreement to be drawn up to clearly set out where each party stands in the event that a relationship breaks down in future.

The law in this area can be complicated and it always best to seek appropriate advice. We have been advising people in relation to cohabitation and ‘common law spouse’ issues for over 200 years throughout Ormskirk, Burscough, Southport, Mawdesley, Wigan, Skelmersdale, Parbold and across Lancashire and Merseyside. Our specialist family law solicitors will be able to help you with your legal requirements.