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Cohabitation Agreement Solicitors in Manchester, Stockport & London

According to the latest census figures, the number of cohabiting couples in England and Wales increased by 144% between 1996 and 2021, from 1.5 million to 3.6 million. Yet cohabiting couples have far fewer legal rights than married couples or civil partners. If the relationship ends, the financial consequences can be severe, particularly where property is involved.

Our cohabitation solicitors advise couples on protecting their rights before issues arise and represent clients in disputes when a relationship breaks down. We see clients at our offices in Manchester, Stockport and London.

The common law marriage myth

Common law marriage does not exist in England and Wales. This is one of the most widely held and damaging legal misconceptions in the country. No matter how long you have lived together, if you are not married or in a civil partnership, you have no automatic right to a share of your partner’s property, no right to spousal maintenance if the relationship ends, and no automatic inheritance rights if they die without a will.

If you own property together, have joint finances, or have made significant contributions to a partner’s property, a Cohabitation Agreement and specialist legal advice can protect your position.

Frequently Asked Questions

A Cohabitation Agreement (sometimes called a Living Together Agreement) is a written contract between two people who live together but are not married or in a civil partnership. It records how property, assets and finances are owned and how they would be divided if the relationship ends. It can also cover arrangements for children and next-of-kin rights.

While not automatically legally binding in the same way as a court order, a properly drafted Cohabitation Agreement prepared by a solicitor and signed by both parties provides strong evidence of your intentions and significantly strengthens your position if there is a dispute.

Where a cohabiting relationship breaks down and there is a dispute about property (particularly where one partner has contributed to a property they do not legally own), either party may bring a claim under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA). The court can determine the size of each party’s share in a property and order a sale if necessary.

Constructive trust arguments (where someone claims a share in property based on a common intention between the parties and their own financial contributions) also arise frequently in cohabitation disputes. These cases require careful evidence and experienced representation.

The cost depends on the complexity of the arrangements to be recorded. A straightforward agreement for a couple purchasing a property together is less involved than one covering existing property, significant assets, or children. We offer a free initial consultation so you know what to expect before committing to anything.

We advise clients from our Manchester (949 Stockport Road, M19 3NP), Stockport (The Tannery, Water St, SK1 2BP) and London (2-10 Tavistock Street, WC2E 7PP) offices.

Call us on 0333 123 1331 or complete our contact form.

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