Cohabitation

Cohabitation Lawyers Buckinghamshire and Berkshire

Maintenance

There is no legal obligation for one party to provide financial maintenance for the other. This does not affect child maintenance.

Property

Property can be acquired as “Tenants in Common” or “Joint Tenants”. As Tenants in Common, the parties’ share in the property will have been established from the outset and upon sale of the property each party receive their legal share. If the property was purchased as Joint Tenants, or if the property is in one name only, then the parties’ respective contributions to the purchase price, payment for significant building work or mortgage payments will need to be ascertained and discussed.

Contributions by the non-owning party, by way of paying bills or food shopping, will not necessarily establish a financial interest.

The sale of a family home can be postponed if there are dependant children under the age of 18 and in full-time secondary education. The non-owning party can only remain in the home if they are responsible for the children.

A cohabitee does not have automatic rights to a deceased partner’s pension or their estate. Specialist advice should be taken to safeguard the cohabitee’s financial future.

Contact our Cohabitation Lawyers Buckinghamshire and Berkshire

At Family Law Solutions Solicitors we can assist with this minefield of laws. To speak to our Cohabitation Lawyers call us on 0800 2888 396 or contact us.

"From the very first day of using the services of Family Law Solutions Solicitors I felt that the advice I was given was clear and straightforward. I believed it to be honest and I trusted it completely. Communication was excellent and I received prompt and personable replies to any queries I had. Throughout the difficult process I always felt supported and I would 100% recommend Family Law Solutions Solicitors.” - Mrs J, Bracknell  

Children

Financial assistance for children is sought through either the Child Maintenance Service, or through The Children Act 1989 Schedule 1.

Since December 2003, a father has automatic Parental Responsibility if his name is registered on the birth certificate at the time of registration. A father can acquire Parental Responsibility by:

• Entering into a written agreement with the mother; or
• Making an application to Court; or
• Marrying the mother of the child.

A father can apply for Children Arrangement Orders, which include Specific Issues and Prohibited Steps Orders. Please see “Children” page for further advice and assistance.

Cohabitation Agreement

Parties who are not married to each other can choose to regulate the outcome of their relationship in case it is not successful by way of a written agreement.

“A Cohabitation Agreement” is an agreement made between parties who are planning to cohabit and want to regulate their living and financial arrangements whilst they live together.  The agreement details their current living and financial circumstances and what would happen if the relationship failed.

However, the agreement encounters the same issues as Pre-Nuptial Agreements in that they are not legally binding in England and Wales and cannot bind a Judge in their handling of such a case. They can show the parties intentions at the time of cohabitation which can influence a settlement. There are no laws governing cohabitation and the parties must rely on the general laws of Contract to establish an outcome.

At Family Law Solutions Solicitors we actively encourage clients to be proactive about their future and these types of Agreements go a long way in protecting their future stability and showing intentions at the time of the parties living together.At Family Law Solutions Solicitors we can assist with this minefield of laws. Come and talk to us on 0800 2888 396 or contact us