Cohabiting couples: What are your rights?

May 5, 2016

In the modern age, many couples are choosing to live together without getting married. Moving in with your partner is an exciting time, but did you know that your rights are not the same as if you were married?

Read on to find out more about the rights of cohabiting couples, and how we can help.

Living together

There are two types of cohabiting couples: those who rent a place together and those who buy a house. Either way, it is advisable to get a cohabitation agreement drawn up.

What is a cohabitation agreement?

A cohabitation agreement is a legal document that makes your relationship official in the eyes of the law. This is a good way to outline your rights and responsibilities towards each other, and most couples use their cohabitation agreement to clarify how the mortgage / rent / bills will be paid between them. There are also other reasons why you might have a cohabitation agreement drawn up:

  • If one partner owes the other money, the agreement will include how this will be paid
  • If the cohabiting couple has children, the agreement will include what will happen to them if the relationship ends
  • Anything else that needs to be included regarding the possibility of the relationship ending, e.g. what will happen to the property.

To get a cohabitation agreement, it is important to see a solicitor who specialises in family law. At Watsons, we are committed to offering reliable advise on this subject. We offer free half hour consultations upon request, so you can talk to one of our experts and find out if a cohabitation agreement is right for you.

It is advisable that, if you choose to buy a property as an unmarried couple, you purchase it jointly. This means that, should the relationship come to an end, both partners will have rights to the property.

If the property has been purchased in the name of only one of the partners, the other will not have any automatic rights to it.

Childcare

If you are a cohabiting couple with children, then it is advisable to have a cohabitation agreement drawn up to clarify what will happen regarding them if the relationship were to end. See above for more details on this.

What are your childcare rights as a cohabiting couple?

Cohabiting couple childcare rights are often mistaken as the same rights as a married couple. This is not the case.

If you are an unmarried couple with children, it is the mother that automatically has full parental responsibility for them. The father does not have any automatic parental responsibility, unless he registers the birth with the mother and his name appears on the child’s birth certificate.

Contact Us

If you are interested or require any information on any of our services then please get in touch for an appointment on:

 01925 571 212
Mon-Fri: 9am - 5pm

Latest News

Watsons Solicitors strengthens leadership team with partner promotion

A leading Cheshire law firm continues to go from strength to strength following the promotion of a new partner. Lauren Soutar becomes the sixth partner at Watsons Solicitors, joining Catrin Parry, Danny Hudson, Chris Illingworth, and Kristel Clarke in supporting managing partner Latham Parry. Ahead of marking her five-year anniversary later this year with the […]

Keeping your business on the ball during the 2026 FIFA World Cup

A Cheshire-based employment law specialist is urging businesses to prepare to face a variety of challenges with this year’s FIFA World Cup being hosted across North America. The major sporting event has the potential to disrupt staff productivity and engagement during work hours, with matches kicking off late at night and in the early hours […]

Watsons Solicitors continues to walk the walk with Heritage Trail backing

Watsons Solicitors is helping promote fitness and education through the newly created Wire2Wolves Heritage Trail. Celebrating 150 years of Warrington Wolves, the near five-mile walk has been created by the Warrington Wolves Community Foundation. The trail, which takes around two hours and 11,000 steps to complete, tells the rugby league club’s journey since inception in […]

Child Focused Courts hailed by Cheshire-based family law expert

A Cheshire-based family law expert has saluted the nationwide roll out of Child Focused Courts and its potentially transformative impact on the system. Formerly known as Pathfinder Courts, the model aims to reduce trauma, speed up cases, and prioritise safety, particularly for those involving domestic abuse or high-conflict separations. After a positive period operating in […]

Watsons Solicitors

Watsons Solicitors is a trading name of Watsons Solicitors Warrington LLP a Limited Liability Partnership registered in England and Wales registered number OC386012 whose registered office is 13 Bold Street, Warrington, WA1 1DJ.

Watsons Solicitors Warrington LLP is authorised and regulated by the Solicitors Regulation Authority number 598547.

Website managed by Outwrite PR, an online reputation management agency
envelope-oclock-ophonefax linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram