Many couples today choose to co-habit rather than marry. Very often a co-habitee will assume that they acquire an interest in their partner’s assets simply by reason of their co-habitation. That is not the case. Whilst Resolution (previously the Solicitors’ Family Law Association) continue to argue the case for reform, it remains the case that most co-habiting couples will have to rely on Trust Law to determine what should happen in relation to property that they jointly own or in which one of the parties maintains they have an interest.
We recommend that co-habiting couples should enter into a Co-habitation Agreement setting out how they intend to own property and manage their financial matters during their relationship and how they would wish that property to be distributed were the relationship to end. This would be in the form of a contract between the parties.
Sometimes we have to advise clients after they have separated from their co-habitees. In those circumstances we can advise those clients as to how Trust Law applies to them.
In the event there are children, we can also advise them as to how the financial provisions of the Children Act 1989 apply to them.
A more detailed advice can be given to you at the free initial appointment.