There is no such thing as a Common Law Wife or Common Law Husband in English Law. Couples who chose to live together without getting married do so without the benefit of matrimonial legislation and there is no notion of fairness or reasonableness built into the law.
There is no specific legislation relating to cohabitation and therefore a Cohabitation Agreement will be governed by the law of contract. Both parties must have legal advice and supply full and frank disclosure of their finances. Cohabitation Agreements have yet to be fully tested in Court, but they provide useful evidence of a common intention.
The current UK Law does not offer the same protection for unmarried cohabitation as it does for married couples. Upon separation the division of assets can be legally complicated if the ownership of property, and details of the couple’s financial and property affairs, have not been properly recorded.
If you are in a relationship and live with your partner, you may be at risk of losing what appear to be your assets. Cohabitation solicitors are able to prevent this situation from occurring. These professionals can explain to you what the law is and how it applies to you at the moment, how your legal status could change and what differences a married couple would experience. The main benefit of consulting cohabitation solicitors however is that if you would like the law to operate differently there is a good chance the solicitor can arrange it. The rules of a will, for example, allow one to instruct the executor to act in a manner similar to how the will of a married person would be executed.
Our Cohabitation solicitors are legal professionals who often specialise in divorce and family matters. The reason these specialties are commonly related is because the law that governs marriage and divorce also somewhat applies to cohabitation.
If you are in a relationship and live with your partner, you may be at risk of losing what appear to be your assets.