Unmarried Couples

Cohabitants and Unmarried Families

Cohabitation is growing in popularity as many couples start families without becoming married. In England and Wales, the number has tripled since 1996 from 1.5 million to the current 6 million, according to a recent report by the Office for National Statistics (ONS).

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Married couples in Wales and England have legal cover, and protection should the unfortunate event of death or divorce happen. The same does not apply to partners who are cohabiting or unmarried.

Unmarried couples living together entertain a false reality under the ‘common law marriage myth’. It is an erroneous belief to assume that you can gain certain privileges from your partner because you live together. The law does not recognise cohabiting relationships, and in case of a family breakdown, the couple must rely on complex trust and property law principles to find a resolution.

At Austin Kemp, we are committed to all our clients who are passing through such predicaments. We always offer the best legal counsel in divorce matters according to every individual situation. Our family lawyers are competent and reliable to give the most informed advice if you intend to separate and distribute business and family assets amicably.

What Constitutes a Cohabitation Partnership?

Married couples get divorce settlements, in accordance with the law. but not unmarried couples who risk walking away with nothing. Judges have to look for the following facts to determine if a couple is cohabitating.

Is the couple living in the same household and sharing a daily livelihood?
What are the motivations and intentions of both parties?
Is the relationship stable?
Whether it is one party supporting the other financially or there is an existing pool of financial resources from both parties.
What is the nature of the relationship? Is it sexual?
is there an acknowledgement of family and friends of the relationship?

How Can Austin Kemp's Divorce Solicitors Help You

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You can rely on Austin Kemp family law solicitors to provide you with the current legal information to help you determine if your relationship falls under cohabitants and unmarried families. We also give guidance to help you resolve all financial matters and well-being in case you decide to part ways with your partner.

Cohabitation Disputes

When couples decide to move in together, it is because they share mutual interests that don’t include ending the relationship. However, interests wane, and people decide to separate, or unfortunately, one partner dies.

In such situations, unmarried couples learn the hard way that they are not entitled to their partner’s properties or pension despite sharing a home for many years.

Inheritance Claims

According to the Ministry of Justice, the number of inheritance claims from unmarried couples is on an upward trend within the last 15 years. Surviving partners are battling relatives for a share of estates left behind by the deceased.

Lawyers attribute the trend to the false belief of the ‘common law’ myth, where couples wrongly believe they are entitled to a share of their partner’s properties and pension. While this is true for married couples, cohabiting partners have no claim to the inheritance of their deceased partners.

At Austin Kemp, a common contentious issue concerning cohabiting partners involves a scenario where one party stays at home to raise the family as the other works to provide for the family.

In such a traditional family setup, the working partner registers most properties, including car registration, a title deed, and other household utilities in their name. Should the relationship break down or the partner dies, the surviving party has nothing under their name and is left homeless

It can happen even if the surviving partner makes contributions towards the mortgage, household utility bills, and car payments.

The majority of such cases have resolutions either through the courts or negotiations. Austin Kemp lawyers will help with all the forensic accounting in divorce matters to protect your interests. We draw expertise from our rich pool of legal disciplines—including trusts, estate planning and civil litigation.

Our scope of experience covers various cohabitant disputes. These include:

Cases of joint ownership. Where one person blocks the sale of a shared property.
Dispute resolution for gifts and loans granted by relatives and parents
Sole ownership. It happens when one party seeks the financial interest of a property even though they are not legal owners.
Cohabiting partners that run businesses together.

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Three Ways to Protect the Rights of Unmarried Families

Like married couples, unmarried partners stay together because they enjoy some mutual benefits from their relationship. Cohabiting partners can decide to stay unmarried even though they share daily obligations and live together.

If you have this arrangement, you can protect yourself by entering into various legal agreements. These include:

1. Cohabitation Agreement
A cohabitation agreement covers various financial orders, including how you will pay utility bills, mortgage, or rent. It also covers how you will distribute properties, assets, and shared bank accounts if you separate.
Not all cohabitation agreements are legally enforceable That is why we offer guidance from our elite team of solicitors to help draft an agreement that defines how you and your partner will manage your daily financial obligations. We wiill help you determine what percentage each partner should contribute towards paying rent and other household bills and utilities.
To make the cohabitation agreement binding, parties should seek independent legal counsel. Austin Kemp will ensure that we highlight all the interests and financial implications of a cohabitation agreement and negotiate favourable terms on your behalf before you sign the document.
Get in touch with us, and find more legal guidance on your cohabitation agreement.

2. Wills
Having a will is essential to all families, whether married or unmarried. There is no recognition of cohabiting partners in intestacy rules. Children that are not biologically related or adopted by the deceased may lack provisions.
If the deceased dies without leaving a will, the surviving partner will not be liable to inherit any estate left behind. They can only inherit the property they rent or own jointly as named beneficiaries. In most instances, all assets will go to the biological relatives of the deceased regardless of their wishes.
Such scenarios instigate lengthy and expensive court battles because the cohabitants have no legal claim to any assets and properties left by the deceased. It is inherent that all cohabitants leave a will.
Austin Kemp will help you write and execute your will to ensure your surviving partner’s well-being even after death.

3. Declaration of trust
A declaration of trust is a legally binding document that covers the ownership of a particular property. You can sign a declaration of trust document before or after acquiring a property. However, relative shares are only changeable later through an agreement.
A declaration of trust can be a separate document with many possibilities declaring that a party is entitled to a given percentage or share of equities for a specific property.

Cohabiting Agreement When You Have Children

Children are protected under the Children Act 1989 statute. If married or unmarried couples with a child decide to separate, there can be a custody battle. When the court intervenes, it set terms that cover the best interests of the child’s well-being.

Usually, the more financially stable partner should provide for the dependent child, plus the partner who cares for the child. The judge may order the provision of a home and household utilities that cater to the child’s needs.

The court will also decide who the child should live with and how to share custody among the separating couples. These are turbulent times for all parties (including the child), and our expert lawyers will guide you on non-confrontational resolutions and negotiations.

Finding solutions that favour both parties without going to court will avoid lengthy and costly custody battles. Every family is unique, and our team of experts will treat each matter separately to ensure our clients find the best representation.

Visit our page and contact one of our solicitors for more information on child custody matters.

How to Prepare For the Worst Outcome

A paltry 10% of couples living together pen down a cohabitation agreement. The increasing number of unmarried couples means there is an escalating number of disputes over property and asset distribution.

Penning down cohabitation agreements protects all parties in case of separation or untimely death of a partner. There are numerous suggestions to change the law and incorporate cohabiting couples’ interests but these changes will not take effect soon.

The best way to protect your interests when living together as an unmarried couple is to have financial agreements to determine who will get what in case of a fallout.

The Bottom Line: Let Austin Kemp Guide you on All Cohabitation Agreement Principles

Our team of experts at Austin Kemp Solicitors comes with amicable dispute resolutions in case unmarried couples decide to separate. We believe settling out of court is the best way forward and instigate negotiations that leave each party feeling satisfied.

Separation is among the solutions for unmarried couples who no longer share mutual interests. We try to negotiate terms that favour an environment where they can still prosper individually and profit from businesses they opened together.

The interest of our clients is our utmost concern. We offer legal counsel that protects them from financial stigma during these turbulent periods of their lives. You can find all the information you need concerning cohabitation on our website at www.austinkemp.co.uk.

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You can also contact us and speak directly to any member of our firm at 0333 311 0925 or complete our online enquiry form.

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We know that getting a divorce divides your world into two. We're here to guide you through the uncertainty and emotional rollercoaster. One step at a time.

First Class Service

Choose Austin Kemp and you'll get a premium service in all areas. We aren't the cheapest out there, but what we are is the best solution to help you get what you deserve.

Impeccable Advice

Our advice and strategy is second to none. Not all law firms are created equal. Because we're specialists, our depth of knowledge is often the edge that makes the difference.

Challenging Thinking

We work with you to get what you deserve. We don't mean that it's going to be easy – but we're here to support you every part of the journey.

Industry Leading Professionals

We have A-players at every level. We employ the best of the best, and that's why our clients choose us. Because getting the right solicitor can mean your future takes a different path.

The Right Fit

We'll make sure you have a solicitor that fits your case type. If you want a certain approach to your case – we'll make sure your solicitor has the right style for you.

Empathy

We know that getting a divorce divides your world into two. We're here to guide you through the uncertainty and emotional rollercoaster. One step at a time.

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Austin Kemp handled my divorce efficiently and pleasantly, with a consistent contact person, making it all convenient online. Their straightforward online payment system was a necessary evil, but I'd use them again if needed.

Referred by an online service, I chose Austin Kemp for divorce and financial settlement with my ex-wife. Emma's assistance was invaluable; I paid for a guidance check on the consent order before submission. Court process went smoothly, and I'm content with the outcome.

Throughout the process, Emma guided me, addressing any issues promptly. No complaints—consent and pension sharing orders approved swiftly after submission, indicating accurate document preparation.

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Alex Clarke, 'The Saviour,' actively handled my case, ensuring clear communication and understanding throughout. He promptly responded to calls and emails, investing time even before any formal agreement. His integrity convinced me he was the right choice to represent me. When it comes to issues concerning children, contact Alex Clarke—'The Saviour.'

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Cohabitants and Unmarried Families

What Constitutes a Cohabitation Partnership?

How Can Austin Kemp's Divorce Solicitors Help You

Cohabitation Disputes

Inheritance Claims

Three Ways to Protect the Rights of Unmarried Families

Cohabiting Agreement When You Have Children

How to Prepare For the Worst Outcome

The Bottom Line: Let Austin Kemp Guide you on All Cohabitation Agreement Principles

Talk to Us

AK Insights

Unmarried Couples Advice

Explore more of our insights in the Support Hub

Our Guarantee

First Class Service

Impeccable Advice

Challenging Thinking

Industry Leading Professionals

The Right Fit

Empathy

First Class Service

Impeccable Advice

Challenging Thinking

Industry Leading Professionals

The Right Fit

Empathy

A helping hand when things get tough

Here, For You

Book a Clarity Call

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