Navigating a breakup when cohabiting – how solicitors and mediators can help

In recent years, more couples are choosing to live together without getting married.  Whether for financial, personal or cultural reasons, cohabiting outside of marriage has become a common way to build a life together.  Whilst this can be fulfilling and practical for many, if the relationship comes to an end it can present some unique legal challenges.

Many cohabiting couples are surprised to learn that they do not have the same rights and entitlements as those that marry.  This can make a separation more complex and emotionally charged, particularly if there are shared assets, financial ties and/or children involved.  Understanding where you stand legally and seeking professional guidance early can make a significant difference.

In England and Wales, there is no such thing as a ‘common-law marriage’.  Simply living together does not automatically grant either partner legal rights to property, pensions, or financial support, if the relationship ends.  This can be distressing for those who might have (incorrectly) assumed that simply sharing lives together over an extended period of time would offer them some level of protection if the relationship broke down.

How solicitors can help

Our family law solicitors can help couples who intend to live together, or are already living together, plan ahead with cohabitation agreements.  These are legal documents which outline how things should be handled and divided if the relationship comes to an end.  Having a clear written agreement in place form [from] the outset can prevent misunderstandings and reduce conflict further down the line.  Just as married couples use prenuptial agreements to protect themselves, cohabiting couples can use cohabitation agreement for clarity and peace of mind. 

Our solicitors can also help couples who are cohabiting if the relationship is ending.  We can assess the situation and provide bespoke advice on issues such as property ownership, joint finances and parenting arrangements.  We can also assist in determining whether you have a beneficial interest in assets that are not legally in your name. 

How mediators can help

Our mediators can also help couples who are dealing with a separation.  Rather than allowing a dispute to spiral and/or going to court, the participants can choose to work with a family mediator who is specifically trained to help them sort out the arrangements on separation.  A mediator can help with the practicalities, such as who lives where, how bills can be managed and when the children will see each of their parents.  Mediation is usually quicker, less expensive and more co-operative than court proceedings.  It allows the participants to make their own decision, rather than having a judge impose an outcome on them. 

Whether you are already living with your partner, or considering moving in together, we can help you understand your rights and options.  For more information, please contact our family law team. You can contact me directly at vmayhew@prettys.co.uk and you can view our full range of services in more detail here.