Many people are under the misapprehension that living together for any period of time entitles them to financial provision on separation. Terms such as common law wife or husband are a popular misconception.

If you are unmarried and you are setting up home together, it is important to be clear as to the terms upon which you live together. Whose name should the house be in? Who will pay the mortgage? What happens in the event that you separate? Who benefits from the net proceeds of sale of any property?  What are your rights when cohabiting?

On a smaller scale, you should have similar discussions about bank accounts, cars, furniture, stocks and shares etc. The clearer you are at the start of a relationship, the easier it is at the end. It's not the most romantic idea to sit down and work through these issues but a cohabitation agreement will help provide clarity and a solid framework for your future relationship.

In order for a Cohabitation Deed to be effective, both of you should disclose your financial circumstances and have independent legal advice. Depending on the issues and assets, there is some cost to drawing up a deed of this type but in the event of a later dispute you will be saving a significant sum by having invested in a properly drawn up deed.

Contact our experienced cohabitation lawyers and solicitors for practical, expert advice.