Cohabiting Couples and Family Law: navigating Legal Rights

Finances

Unlike married couples or those in civil partnerships, cohabiting couples do not have automatic rights over each other’s property, assets or finances if they separate unless their name is on the property title or there is a clear agreement. This means, for example, that one partner may not be entitled to a share of the home or assets acquired during the relationship if the asset is in the sole name of the other partner.

Cohabiting couples also have no automatic right to inherit each other’s estate in the event of death, unless explicitly named in the will. Without a will, a surviving partner may face legal battles with other family members.

Parental rights

In relation to the children, cohabiting couples largely have the same legal responsibilities as married couples. Both parents have the right to apply for Parental Responsibility (i.e. The power to make important life decisions of the children e.g. school, religion, medical treatments). However, mothers acquire automatic parental responsibility for her child from birth, whereas, the fathers rights depend on, amongst other things, whether he is named on the birth certificate or whether he is married to the mother.

Cohabiting couples must be proactive in protecting their legal rights. To protect themselves, cohabiting couples are increasingly using cohabitation agreements which set out the financial arrangements during the relationship and in case of separation. Alternatively, agree to a separation agreement.

If you're a cohabiting couple and need legal advice, please don't hesitate to contact our family law team on 020 8290 0440. We're here to help you understand your rights and protect your future.