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Living together or "cohabitation" is the fastest
growing type of family in the UK. Between 1996 and 2006 the number
of couples living together without marrying increased by over 60%.
If you separate when you have lived together,
whatever the length of the relationship, you are not given the same
legal protection and rights as if you had married. Mistakenly, more
than half the public in the UK believe that there are concepts such
as "common law marriage" and "common law man and wife", which do not
actually exist in English law.
Although in recent years, there has been a move
towards reform, the government has said it wants to see the outcome
of research in Scotland, which is unlikely to be reported until next
year, before it will consider making new laws.
This leaves those living together, who separate,
in an often vulnerable position.
The law relating to those who live together and
separate, is often incredibly complex. If you have made financial
contributions to a house, or have had children together, you must
get legal advice on your situation. How much money you are entitled
to from a property and if you can force a sale by way of a Court
Order are determined by legal concepts such as constructive, implied
and resulting trusts. What financial contributions each of you has
made, the way in which you have conducted your finances throughout
the relationship, your expectations and intentions are important.
Regrettably, few unmarried couples enter into
cohabitation agreements or declarations of trust relating to
property when they buy a house together, both of which make the
financial outcome of separation a lot more certain.
Often one party stands to gain and the other to
lose. The person left in the house may not want to pay a lump sum or
face the sale of the house.
Their sense of urgency in trying to sort
things out may be a lot less than yours. Court proceedings are often
started to get negotiations underway.
You need expert legal advice to ensure that you
and your children are protected.
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0845
009 5639
