Cohabiting Couples

Many couples today choose to cohabit rather than marry or enter a civil partnership.

Very often a cohabitee will assume that they acquire an interest in their partner’s assets simply by reason of their cohabitation – but that is not the case.

Whilst Resolution (previously the Solicitors’ Family Law Association) continue to argue the case for reform, it remains the case that most cohabiting couples will have to rely on Trust Law to determine what should happen in relation to property that they jointly own or in which one of the parties maintains they have an interest.

We recommend that cohabiting couples should enter into a Cohabitation Agreement setting out how they intend to own property and manage their financial matters during their relationship and how they would wish that property to be distributed were the relationship to end. This would be in the form of a contract between the parties.

Sometimes we have to advise clients after they have separated. In those circumstances we can advise those clients as to how Trust Law applies to them.

In the event there are children, we can also advise them as to how the financial provisions of the Children Act 1989 apply to them.

A more detailed advice can be given to you at the free initial appointment.

Cunningtons’ Family Law Department

Cunningtons LLP has a specialist Family Law Department based at its offices in Braintree, Wickford and Chelmsford.

Our team of Family Law solicitors has significant expertise in Family Law and Children Law and we are all members of Resolution. In other words, we are experts at what we do, so you can be sure that the advice you receive is accurate and realistic.

Frequently Asked Questions

The following are common questions we get asked about family and matrimonial law.

If you cannot find the answer here, please contact us for an answer.


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