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Cohabitees, no matter how long they have been living together, are not afforded the same rights upon the breakdown of their relationship as those which arise on divorce.

Contrary to popular thought, the law does not recognise “common law” husband or wives, and as a result, there is no automatic provision for a dependant partner for maintenance, or an entitlement to make claims in relation to capital or pensions from the other partner if the relationship breaks down.

As many cohabitees have already discovered, arguing in the Court about what may or may not have been agreed many years before is not likely to persuade the Court to rule in their favour, unless there is clear evidence in support.

If you do not wish to marry your partner, or cannot do so, then to lessen the risk of such arguments taking place you should consider making a cohabitation agreement to record in advance how you would both want your property and assets to be dealt with if ever you were to separate.

As with a pre-nuptial or post-nuptial agreement, such an agreement will enable you to clearly set out the assets that belong to each partner, and agree how these assets should be shared, and what financial support would be provided, to offer certainty and lower legal costs in the event of a relationship breakdown.

Of Marie-Louise Hamilton: "I rate her very highly - she is very much an expert in the field."

Chambers & Partners

Cohabitation Agreements

Marie-Louise Hamilton View Biography

Marie-Louise Hamilton

Partner
Leeds

Meet the team

Marie-Louise Hamilton View Biography

Marie-Louise Hamilton

Partner
Leeds

Thomas Wainman View Biography

Thomas Wainman

Partner
Leeds

Elizabeth Pearson View Biography

Elizabeth Pearson

Solicitor
Leeds

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This article considers the risks of allowing japanese knotweed to spread on your land and the steps which a landowner can take.

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When do Academy Trusts Need a Trading Subsidiary?

What circumstances mean an academy trust may need to set up a subsidiary company to carry out trading activity, in order to comply with charity law.

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Education In The North: Behind The Headlines

We take a look at the evidence provided to the House of Commons Education Select Committee on 'Educating The North'

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Employment Breakfast Briefing - 7 August 2018

Date: 07 Aug 2018

Venue: Radisson Blu, Leeds

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Employment Breakfast Briefing - 16 October 2018

Date: 16 Oct 2018

Venue:

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27th Annual Charity Governance Seminar

Date: 18 Oct 2018

Venue: Hilton Leeds City

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