Family law - cohabitation agreements | Winston Solicitors UK Skip to main content

Cohabitation

Couples are increasingly choosing to live together without marrying. However, there is a common misunderstanding that a couple who have been together for a period of time have established a ‘common law marriage’. In fact, these relationships have no legal definition and, should the relationship come to an end, one of the partners could be left in a vulnerable position financially.

The law relating to those who are unmarried but who have lived together is complex and you will need advice if you separate.

We provide expert advice in areas such as:

  • Whether or not you can claim an interest in a property which is in your partner's name.
  • The extent of your interest in any jointly owned property.
  • Whether you are entitled to any financial provision for your children.

We can provide the advice you need, whether you are starting out together and want to avoid any possible arguments in the future, or you are investing more money or property, into the relationship than your partner. You need to make sure your assets are protected. We can also advise you on the use of cohabitation agreements and help negotiate a suitable agreement for you.

Research tells us that arrangements agreed between the parties are much more likely to succeed if they are made by agreement between the parents. However, where one parent does not agree to those arrangements we can suggest alternative ways of reaching a resolution for your children for example, you may need to try mediation, arbitration or ultimately court proceedings to help you sort these arrangements.

TOLATA stands for Trust of Land and Appointment of Trustees Act 1996 and this is the law that governs property disputes, usually between cohabiting couples but can be used in a variety of different proceedings and set of circumstances.

This is a document that is legally binding and usually sets out how legal owners of a property shall own the shares in that property.

Joint Tenants is one way of how two people can own a property together and it means that they own all of the property between them.

Tenants in Common is another way of how two or more people can own a property together and it will define what proportion of the property that they own.

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Review for Wendy – Family Law Services at Winston’s Solicitors, LeedsI recently had the pleasure of working with Wendy from Winston’s Solicitors in Leeds on a family law matter, and I cannot recommend her highly enough. From our first consultation, Wendy was incredibly professional, empathetic, and thorough in her approach. She took the time to fully understand my situation, providing clear and concise advice at every step of the process.Throughout the entire case, Wendy was always available to answer any questions I had, and she made sure I felt supported and informed. Her knowledge of family law is exceptional, and I felt confident in her ability to handle my case. She was transparent about all costs, keeping me informed of any developments along the way.What truly stood out to me was her attention to detail and her ability to navigate what was a very emotionally charged situation with sensitivity and care. Wendy was not only a skilled professional but also genuinely understanding of the emotional impact of my case, which made a huge difference during a stressful time.Thanks to Wendy’s hard work and dedication, I was able to reach a favorable outcome, and I am incredibly grateful for her support. If you are looking for a compassionate and experienced family law solicitor, I would wholeheartedly recommend Wendy at Winston’s Solicitors.
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