And in the early stages of a relationship it can be easy to think things will always be smooth and problem free. Not having a legally binding arrangement, as you would in marriage, may be liberating. Discussing how children, finances, and property will be dealt with may seem unnecessary. You may think: “We love each other. Why would we disagree?”

Well, the reality is: Disagreements happen.

Even in the most breezy relationships.

Not discussing and deciding on important matters that have a big impact on both of your lives, such as asset division and parental responsibility, can put you at unnecessary risk.

Cohabiting couples have very few rights when it comes to children, property and finances. English and Welsh law does not deem unmarried couples to be in a legal relationship which means they are at risk should the relationship come to an end.

However, legal protection is available should problems arise.

Cohabitation Agreement

A cohabitation agreement can help to clarify things such as parental responsibility and splitting of property and assets. It can also be useful when dividing up payment of any debts, mortgages, holidays and repair and maintenance of property. Decisions about taking out life insurance and making a will can also be clarified with this.

To be considered in court a cohabitation agreement will need to meet the following requirements:

• The agreement was entered into freely and voluntarily by both parties.

• Full disclosure of all financial wealth has been made by both parties.

• Both parties independently sought legal advice about the agreement.

• The agreement is in the form of a deed and has been signed by both parties.

It is also imperative to keep the agreement updated with big life events such as the birth of children, disability, loss of employment etc.

Let’s look at one of the aspects that can be clarified using a cohabitation agreement.

Accounts and Assets

When it comes to money, it can be easier to keep bank accounts separate. However, things can become complicated that way.

For instance, should one partner die, the other will have no access or entitlement to the account and any balance will just become part of the deceased partner’s estate.

On the other hand, it can save a lot of stress if both partners have access to a joint account and have come to an agreement as to how the money must be divided before anything goes wrong.

But when it comes to debt, joint debts are more risky as both partners will be held responsible for the whole amount.

In this case, if one partner is financially irresponsible this can all fall on the other partner should the relationship end or that partner dies.

With assets, unmarried couples don’t automatically inherit a partner’s assets in the event of death. Rather, the estate of the deceased will be divided up according to intestacy if there is no Will in place which may mean the surviving partner may end up with nothing.

And of course, as with any other legal matters, when in doubt it is best to consult with a family lawyer

You never know how much asking for help could save you. Contact our team today.

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When it comes to long term relationships very few people feel it is necessary to get married. Or at times they are aiming for it but never quite get there with all the busyness of life.

It is quite common for couples to live together for many years before getting married or continue to live together without ever getting married or having the relationship legally recognised through civil partnership.

However, no matter how long the relationship has lasted or if children are involved, the rights of unmarried cohabiting couples have been limited.

The Law Commission published a report in 2007 recommending that the laws affecting cohabiting couples be changed, specifically in terms of being able to claim for financial support after separation or death. However, in 2011 the Government declared that this would not be taken forward.

It is unfortunate as it often children who get an especially raw deal.

The Good News

The good news is that change is afoot.

The Department of Work and Pensions have acknowledged this support is life-saving for these families and have announced that bereavement support will be extended to cohabiting couples with children.

The Government has proposed that Widowed Parent’s Allowance and Bereavement Support payments will be available to the surviving cohabiting partners provided they were living together until the date of death and have dependent children.

This change is scheduled to come into effect next spring and will be applicable from 30 August 2018 so thousands of families will be able to receive backdated payments in lump sums. This is the date the Supreme Court ordered the Government to treat unmarried and married couples equally.

However, some charities (CPAG, WAY and Childhood Bereavement Network) are imploring the Government that backdated bereavement support payments should begin from 6 April 2017, which is the date these payments were introduced. This would allow thousands more families to benefit.

What to do

If you are currently in a cohabiting relationship, it is a relief that this policy is now being brought into effect for future. While it is comforting to know this support will now be available, it is always a good idea to have put some plans in place before something happens. We recommend that Wills be made out and necessary arrangements are discussed and written down.

Having everyone involved on the same page is the best way to reduce the stressfulness of what will inevitably be a trying situation.

And if you are already in this challenging situation of having suffered the loss of your partner recently or in the last 3 – 4 years, it’s best not to wait for the policy change to officially come into effect.

Put your claim in now to ensure it is on file by contacting the Bereavement Service Helpline on 0800 791 0469.

And if you need any help, we’re only a call away.

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