A growing number of couples in the UK are choosing to move in together and get on the property ladder rather than spend on a wedding. Over the last 15 years, the number of couples classed as cohabiting in the UK has risen dramatically and this group now accounts for 17% of all families in the UK. It is the fastest-growing household category in the UK but there are a number of aspects you should be wary of before cohabiting.
Cohabitation disputes are becoming increasingly common in the UK, as more couples choose to live together without formalising their relationship through marriage or civil partnership. Understanding how to approach these disputes is crucial for protecting your interests and resolving conflicts amicably. Here, we offer a comprehensive guide on how to handle cohabitation disputes in the UK.
Understanding Cohabitation
Cohabitation refers to a situation where a couple lives together in a long-term relationship without being legally married or in a civil partnership. While this arrangement can offer flexibility, it also comes with certain legal ambiguities, particularly concerning property rights, financial support, and child custody.
Common Causes of Cohabitation Disputes
- Property Ownership:
- Disputes often arise over who owns the property or what share each partner holds.
- Unlike married couples, cohabitants do not have automatic rights to their partner’s property.
- Financial Contributions:
- Issues may occur regarding contributions towards mortgage payments, rent, and household expenses.
- Determining how these contributions should be recognised can be contentious.
- Parental Responsibilities:
- Disagreements over the upbringing of children, especially when the relationship ends.
- Issues such as custody, visitation rights, and child maintenance need to be addressed.
- Separation and Asset Division:
- Unlike divorce, there is no legal framework for dividing assets upon separation.
- Cohabitants must navigate the division of jointly held assets without the clear guidelines provided to married couples.
Legal Protections and Agreements
- Cohabitation Agreements:
- These are formal agreements that outline the rights and responsibilities of each partner.
- They can cover aspects such as property ownership, financial contributions, and arrangements for children.
- Having a cohabitation agreement can prevent disputes by setting clear expectations.
- Trust Deeds:
- If you jointly purchase property, a trust deed can specify the proportion each party owns.
- This can be particularly useful in preventing property disputes.
- Parental Responsibility Agreements:
- For couples with children, a parental responsibility agreement can clarify custody and visitation rights.
- These agreements ensure that both parties understand their duties and rights regarding their children.
Steps to Resolve Cohabitation Disputes
- Open Communication:
- Discuss your concerns and expectations openly with your partner.
- Aim to reach a mutual understanding before conflicts escalate.
- Mediation:
- Consider engaging a professional mediator to help resolve disputes amicably.
- Mediation can be a less adversarial and more cost-effective way to reach an agreement.
- Legal Advice:
- Seek advice from a solicitor specialising in family law.
- A legal expert can provide guidance on your rights and the best course of action.
- Court Action:
- If disputes cannot be resolved through negotiation or mediation, you may need to take legal action.
- The court can make decisions on property disputes, financial contributions, and child custody matters.
Cohabitation disputes can be complex and emotionally taxing. However, by understanding your rights and taking proactive steps, you can manage and resolve these disputes effectively. Establishing clear agreements and seeking professional advice are key to protecting your interests and ensuring a fair resolution.
If you are experiencing a cohabitation dispute, do not hesitate to consult with a family law solicitor who can provide tailored advice based on your specific circumstances. With the right approach, you can navigate these challenges and achieve a satisfactory outcome for all parties involved.
The advantages of cohabiting
Cohabitation requires less of a commitment than civil partnerships and marriage allowing couples to live together without having the pressures of paying for a wedding. This leaves cohabiting couples with more money to spend on a deposit for their house.
The popularity of cohabitation today in the UK can be seen in the Office for National Statistics which found that 40% of all couples in the UK aged between 16-29 who are cohabiting have never been in a civil partnership or married. Younger couples and families looking to get their foot on the property ladder, share house bills and reduce the financial burden are looking to cohabiting as a viable option.
The disadvantages of cohabiting
Contrary to what most people think, cohabiting, also known as ‘common law marriage’ does not have any legal standing in the UK. You have to go back to 1753 before you can find any automatic legal rights in the UK for cohabiting couples. Just under 50% of the British population were found to believe (wrongly) that cohabiting couples have the same rights as married couples.
This presents a major problem for cohabiting couples as in the unfortunate event of the relationship failing, then it can leave either partner with less than they expected in terms of what they believed they are entitled to. Although many couples would argue that they would end a relationship amicably and would not raise issues over the costs and their entitlements, there’s a high chance that a relationship would end bitterly than on good terms.
Complicated cohabitation disputes can arise, especially when your partner makes a claim against your property, which could result in you losing your home and life savings. It’s essential to weigh up the advantages and disadvantages of cohabiting before making the final decision.
More importantly, get this FREE cohabitation agreement or help you settle cohabitation disputes. Find out the key points you should consider before agreeing to cohabit with your partner.
