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Cohabitees

The myth of the common law partner has caused many couples to believe that they have the same legal rights as a married couple who divorce. The reality is that the financial rights of cohabitees and those in respect of children from the relationship could not be any more different.

If there are children, there will be an entitlement to child support through the Child Support Agency, but there is no automatic right to additional maintenance from the non-resident parent.

A cohabitee has no automatic interest in their partners’ property by virtue of living there. Any entitlement will be dealt with by the strict rules of Land Law and Trust Law, something our Family Law experts can help you with.

One solution is for both parties to take advice at the beginning of their relationship and consider entering into a Co-Habitation Agreement, so that their positions are clear should the relationship breakdown.

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