Most people mistakenly believe that living together can give you the same rights as marriage but this in not so In English law there is no such thing as 'common-law marriage' although there are constant calls for change in this area of the law.
For personal reasons, more and more people choose to live together rather than marry. A cohabitation agreement allows you and your partner to lay down some basic ground rules for the manner in which you share your home and what happens if you decide to separate. It gives you control and certainty in this situation, instead of leaving the determination of any dispute between you to the vagaries of an unsatisfactory area of the law.
You can set up an agreement whether you are just about to start living together or whether you have already been living together for years.
The courts can enforce cohabitation agreements because they are seen as binding contracts between unrelated parties.
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It is very important to remember that couples who are not married generally have no legal rights to each other's money, property or assets regardless of how long they may have lived together. There are some specific rules that apply upon death, but in the event of separation you or your partner may find yourselves suffering because of the inadequacies of the law.
A cohabitation agreement will help overcome this problem.
It is particularly important that you think about your rights and responsibilities as a cohabiting couple if you buy a house together. In that situation you should at the very least discuss the options available to you with your conveyancer.
You may also want to make a will to provide for your partner who may otherwise not be entitled to benefit from your estate if you die, without a complicated court procedure under the provisions of the Inheritance (Provision for Family and Dependents) Act 1975.
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If you decide that a cohabitation agreement is appropriate for you, or if you just want to explore the options available to you or make a will, then we suggest you come in to discuss the next steps with either Melanie Grant or Julia Weber.
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