Cohabiting couples have fewer legal protections than those of married couples.

Property that is solely owned by one cohabitating partner will remain theirs if the relationship ends. However, if you have financially contributed to the property, you may have grounds to make a claim under the Trusts of Land and Appointment of Trustees Act 1996.

Debt responsibility depends on whose name is on the agreement. Joint debts, like loans or credit cards taken out together must be repaid by both partners, even if one stops paying. Individual debts remain the responsibility of the person who took them out.

The legal rights of cohabitees on death differ to those of married couples or those who are in a civil partnership. If your partner dies without leaving a will, the surviving partner will not automatically inherit any of the other’s estate. A claim for financial provision can be made within six months, but if no claim is made, the surviving partner could face homelessness.

In contrast to married couples and civil partners, cohabiting couples do not have automatic pension rights. Cohabitation does not mean you can claim against your partner’s pensions or other assets if you split up.

If a property is held in joint names, neither party can lawfully exclude the other from the home. If access is refused, police assistance may be appropriate. If the property is solely in the other party’s name and there is no legal interest, permission for you to remain in the home can generally be withdrawn. However, where financial contributions have been made and there was an understanding of shared ownership, it may be possible to claim a beneficial interest in the property and assert certain rights.

The Court has powers under Schedule 1 of the Children Act 1989 to make orders for the provision of housing for the parent with care of the child/children typically until the end of their minority, or conclusion of their education.

You can make an application for child maintenance through the Child Maintenance Service (CMS), which will calculate the amount due based on a strict formula, and where necessary take responsibility for collecting payments from the other parent and transferring them to you. If your ex-partner is a high earner (over £156,000 gross per annum) the receiving parent can apply for a “top-up” order through the courts. The court has wide discretion, which can have a significant financial impact on both parties.

If an agreement cannot be reached about selling the property, it may be necessary for you to apply to the court for an order. Following separation, there is usually an expectation that jointly owned property will be sold or that one party will buy out the other’s interest. However, this is not always the case, particularly where the property is needed to provide a home for children.

No, maintenance is typically only available to married couples or married partners. However, if you have children together, the non-resident parent is required to provide financial support for the child/ children.

The best protection for a cohabitee is drafting a cohabitation agreement which sets out your intentions with regards to property, cash and belongings if you separate, as well as arrangements for your children.

A cohabitation agreement sets out each partner’s rights and responsibilities in relation to shared property, finances, and other assets. The agreement provides legal certainty and helps avoid disputes if the relationship later breaks down. Benefits include:

1. Clarity: a cohabitation sets out each partner’s rights and responsibilities, reducing ambiguity in the event of separation.
2. Protection: the agreement can specify how assets, debts and property will be divided should the relationship end. This is particularly important for safeguarding individual property and ensuring that contributions or each partner are recognised.
3. Reduction in conflict: by establishing clear terms relating to financial responsibilities and asset division, cohabitation agreements can minimise disputes on separation, leading to a more amicable separation process.
4. Children: for cohabiting couples with children, a cohabitation agreement can set out parental responsibilities and care arrangements.
5. Transparency: the process of drafting a cohabitation agreement encourages open and drank discussions around financial arrangements and plans, fostering transparency and understanding.

A cohabitation agreement can address a wide range of issues including: -

1. How you will manage your finances – e.g. who will meet the mortgage and in what proportions, housekeeping and utilities etc.
2. What should happen to your property and finances in your relationship breaks down – e.g. equal division, or in certain proportions and how that will be determined.
3. What should happen to your property and finances if you or your partner die – will you be allowed to stay or will you have to move out?

There are certain requirements which must be met to ensure the validity of a cohabitation agreement: -

(1) The agreement must be entered into voluntarily, without pressure or coercion.
(2) The parties should fully disclose their financial circumstances, including assets, debts, and income.
(3) The agreement must be drafted and signed as a deed
(4) Both parties must sign the agreement and have been provided with independent legal advice
(5) The agreement should be reviewed in light of any significant life changes.

There may be occasions where a cohabitation agreement can be overturned. Examples include if it was not entered into fairly, it has been insufficiently drafted, one party asserts they were pressurised into signing, or there have been changes due to life events (e.g. children) which have not been accounted for.