Not Married OR in a Civil Partnership? Then Get a Cohabitation Agreement and a Will!

Despite many common misconceptions, cohabitation doesn’t give the same legal status and financial protection, to individuals within a relationship, as that afforded to couples in either a marriage or a civil partnership. 

However, couples that cohabit (often referred to as a common law marriage) do have the same legal protection under the laws surrounding abuse. 

Despite ‘The Law Commission’s’ 2007 report, outlining recommendations on legal measures that would help to protect the financial interests of cohabiting couples, in the event of a separation, no such changes have yet been made within English and Welsh law. 

Whilst marriage or a civil partnership might not be for every couple, often for a wide variety of reasons, the lack of any real financial protection, should you part ways, does very much highlight the need to get legal advice and consider the benefits of a ‘Cohabitation Agreement’ as well as a Will. 

A Cohabitation Agreement clearly sets out what both parties, within a relationship, wish to happen in the event of their relationship ending. This can be especially relevant if you have lived together for some considerable time and have amassed joint wealth in the form of property, savings, investments – and of course debt in the form of a mortgage, loans and HP agreements.

In 2011, ‘The Law Commission,’ in a separate report, also broached the subject of death and inheritance – in terms of cohabiting couples. The report recommended that some unmarried partners should have the right to inherit after each other’s death under the intestacy rules, without having to go to court. Unfortunately, the report’s recommendations haven’t been implemented as law. So, besides a Cohabitation Agreement, you also need to seriously consider talking to a family solicitor about a Will.

You need to be aware that by not being married (or in a civil partnership) the need for an effective, well written Will is all the more important. By not having a Will in place, not only are you failing to safeguard your children’s future financial security, but also, you’re failing them in terms of securing guardianship through the people they love and trust. You need to understand that there is absolutely no guarantee that your surviving partner would get care of your children; particularly if they’re his / her stepchildren. A Will enables you to appoint your partner (or anyone else of your choosing) to care for your children in the event of your death.

For further information: talk to RJS Family Law