The number of unmarried couples who are living together has dramatically increased in recent years. There are now 2 million couples cohabiting in England and Wales, this is predicted to rise to 3.8 million by 2031. Despite this, the law relating to unmarried couples on separation is complex and far from clear. There is no such thing as a "common law" husband or wife.
We offer practical advice on the drafting of agreements between cohabiting couples to settle how finances should be dealt with in the event of a separation. Many people consider this like an insurance policy, they hope never to separate and have to rely upon it, but it is there just in case. Cohabitation agreements are particularly useful, in association with declarations of trust, to ensure that issues in relation to joint properties are made clear between cohabiting parties.