If you are living with someone without being married you may think that you have similar rights to married couples if the relationship breaks down, or if one of you dies. This is incorrect. There is no such thing as a common law marriage and cohabitants have very few rights that arise out of the relationship. You can’t for example claim maintenance from a cohabitant or former cohabitant for your own benefit.

Living with your partner may be one of the most exciting decisions you will make in your life. It is difficult to be thinking about what would happen if anything goes wrong in the future.

As there is not a single piece of legislation that will regulate your relationship and create rights, it is important to enter into a cohabitation agreement. This will regulate what you both want to happen in the event of your separation. The agreements are likely to be enforceable.

A cohabitation agreement (also referred to as a living together agreement) isn’t just about breaking up. It will regulate how you live together. Making the agreement will prompt you to discuss how your living together will work in practice and what each party’s expectation is of the other.

Making the agreement will also help to organise the day to day finances of living together and to think about easy and fair ways of dividing costs and expenses. It will hopefully avoid unnecessary arguments in the future. This should hopefully provide peace of mind for both parties allowing the parties to concentrate on enjoying their relationship.

For further information regarding cohabitation agreements please contact our Family department.