Taylor Vinters - Solicitors

As family structures have changed, one popular misconception about cohabitation has persisted: namely, the belief that cohabiting couples have the same rights as married couples and civil partners on relationship breakdown. The truth is very different. In particular, whereas married couples and civil partners have access to special statutory remedies to deal with the financial consequences of their relationship ending, cohabitants do not. Instead they must rely upon complex and occasionally arcane rules derived from trust and land law. Because these rules were not designed for family circumstances, they often give rise to unjust outcomes. 

The political climate is in favour of reform of the law, and indeed the Law Commission has recently made recommendations that (if adopted) would allow some cohabitants to obtain financial relief on separation. Annabel Hayward of our family team has particular expertise in this complex area of the law and is a member of Resolution’s National Cohabitation Working Party, an eight-lawyer strong committee that has been at the forefront of encouraging the Government to make cohabitation their next priority for family law reform. 

Anyone who is contemplating cohabitation or who is already cohabiting should seek advice as to the legal implications of that decision. We are able to give such advice and where appropriate draw up Cohabitation Agreements to formalise cohabitants’ living arrangements and establish their rights on the breakdown of the relationship.