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.

Client feedback

I have received nothing but a fantastic service from Emily Bell and Harriet Reid during a challenging time. They have always been responsive and to the point with their communication. I am grateful for all the help I have received.
Bill
This be my 2nd time I've used Winston Solicitors & both times they have been Extremely Professional both Teresa & Judith fully understood my frustration on what was going on at that time but with Time & again Professional attitude i was Very Happy with there hard work i seriously recommend Winston Solicitors as they turn over every stone what needs to be done thank you Regards Ryan Doyle
Ryan
After having a very bad start to my court case with another solicitor- I was recommended Wendy and she was brilliant. I had great support from the start got the results I asked for. Highly recommend
Martina
Wendy at Winston solicitors was outstanding in supporting me through the complications of my divorce. She was compassionate, understanding and most importantly efficient throughout a difficult time and after having had a negative experience at a different solictors. I will be eternally grateful for everything Wendy has done - thank you.
John
Harriet at Winston Solicitors provided exceptional service while handling a matter for my mother during a particularly stressful time. She was incredibly thoughtful and reassuring throughout the process, always taking the time to ensure my mother felt comfortable and well-informed. Harriet’s approach felt very personal, and it was clear she genuinely cared about delivering the best possible outcome. I highly recommend Harriet for her professionalism, empathy, and dedication to her clients.
Amrit
Very happy with Winston's solicitors, I was able to be seen at very short notice which helped me out a lot, felt reassured with the short time i spent there, Hannah was very helpful and listened thoroughly to gain an understanding of what I was dealing with, I wouldn't hesitate to use again in the future if necessary
Richard
Very good service throughout my whole divorce proceedings. Good communication and ability to use online meetings to prevent need to travel to their offices.Flexible and worked alongside my work schedule.Felt like they gave me fair and realistic advice, with a friendly and understanding approach.Good breakdown of costs and clear billing processes.
Matthew R
Harriet Reid was so helpful and kind dealing with my divorce. My main aim was for it to be fair and amicable, and to this end she worked with me to make sure it was so. She organised the drawing up of my will and was always at the end of an email or phone when needed. Thoroughly recommend her.
Lucy