How can our cohabitation lawyers help?
If you are wondering how our experienced cohabitation lawyers can help protect your rights and provide clear guidance when it comes to your relationship, shared responsibilities, or future planning, our dedicated team is here to support you with:
- Cohabitation agreements
- Declarations of Trust
- Wills
We know that every relationship and family situation is unique, and the same is true of your finances and assets. We take the time to understand your needs, and tailor our legal advice to your specific requirements, guiding you through the process and breaking down legal jargon into terms you can understand.
Why choose Parfitt Cresswell as your cohabitation lawyers?
We offer a complimentary initial consultation
It’s a great way to understand your options, get to know us better and make a more informed decision on whether we are the firm for you.
Our fees are straightforward, transparent and honest
After your initial consultation, you will know what your costs are likely to be. Depending on your needs, it may be possible to provide a fixed fee and in circumstances where it is not, a clear estimate will be provided which will be kept under close review.
We are honest, genuine people with an assertive and confident edge
We know how to assertively achieve results and to promote a positive resolution. We do the right thing by you. Not just for today, but for the future too.
We are proud of our rankings and feedback
Our clients often describe our service as “professional,” “friendly,” “a pleasure to deal with,” “first-class,” and “would use again.” But don’t just take our word for it; read their reviews on the independent site, ReviewSolicitors, here.
We are fully authorised and regulated by the SRA
This means we adhere to the highest professional and ethical standards set by the Solicitors Regulation Authority. You can be confident that your matter is being handled with integrity, care and full accountability.
We make law accessible
We believe that transparency and understanding are key to a good working relationship. We will endeavour to keep you informed of the latest legal updates and policy changes, in clear terms and without the jargon.
Meet our cohabitation lawyers and legal experts
London, Berkshire, Kent, Surrey and Sussex
Frequently Asked Questions
We know that navigating the legal complexities of a civil partnership can be difficult. Here you will find a small selection of questions that our civil partnership clients regularly ask us:
What is cohabitation?
Cohabitation is when an unmarried couple lives together. Cohabiting has become increasingly common as views have changed on marriage, and participation in the workforce has become more equal. As a result, just under half of children born in the UK are now born outside of marriage, with most being to cohabiting couples.
People choose cohabitation for different reasons. Cohabitation can often be cheaper than living alone, while a growing number of people are now choosing not to get married. While you might take steps like opening joint bank accounts or sharing other financial responsibilities and assets, however, cohabitation does not give you the same rights as married couples by default.
What are your rights if you are cohabiting? How does this compare to married couples?
Cohabitation gives you very limited legal protections compared to married couples. Even if you’ve lived together for many years, or have children, many of the rights married couples take for granted simply don’t apply automatically.
A key issue is property ownership. If the property is in only one partner’s name, the other partner has no automatic claim to it just because you are cohabiting. Even if you contribute financially (e.g. paying bills or helping with the mortgage), unless your contribution is tied to the acquisition of the property or there is an explicit agreement in place, establishing a share can be very difficult.
When it comes to inheritance, cohabitants do not have automatic rights under rules of intestacy (i.e. if someone dies without a will). A surviving cohabiting partner is not automatically entitled to anything from the deceased’s estate unless they were included in a will, or can make a successful claim under the Inheritance (Provision for Family and Dependants) Act.
In terms of parental rights, a mother has parental responsibility automatically, but an unmarried father only gains it if he is named on the child’s birth certificate, or through a parental responsibility agreement or court order. This matters for decisions about the child’s upbringing. Maintenance for children is still enforceable regardless of whether parents are married.
Regarding financial support between partners themselves (outside of child-related support), cohabitants do not have the same rights as married couples. There is no obligation to provide maintenance or support to a former partner just because you lived together.
There are some protections in cases of domestic abuse: cohabitants can apply for non-molestation orders or occupation orders (to exclude someone from a home) under the Family Law Act. These protections are similar to those available to married couples.
One way to improve your protections is via a cohabitation agreement, which allows you to document how property, finances, assets, and debts should be handled, and what happens in case of separation or death. Such agreements can be enforceable if properly drafted with the help of a cohabitation lawyer, providing most of the protections afforded by marriage.
What happens when the relationship breaks down?
When a cohabiting relationship breaks down in England and Wales, the legal position is very different from that of married couples or civil partners. Cohabiting couples have no special legal status, which means there is no automatic right to financial support, property sharing, or other protections when the relationship ends—even if you have been together for many years or have children.
If you separate and the family home is jointly owned, the property will usually need to be sold, or one partner may buy out the other’s share. If the home is in only one partner’s name, the other has no automatic right to stay or claim a share of its value. They would have to prove a legal interest under property law, such as by showing that they made a direct financial contribution to the purchase price or mortgage, or that there was a clear agreement they would have a share.
Unlike in divorce, there is no entitlement to maintenance or spousal support between former cohabitants. This means you cannot claim ongoing financial support for yourself after separation, no matter how financially dependent you were during the relationship. The only exception relates to children: both parents are legally responsible for financially supporting their children, and child maintenance can be arranged either privately or through the Child Maintenance Service.
If you have children together, the parent with whom the child primarily lives will usually stay in the family home if it is practical and affordable, at least in the short term. If you cannot agree on child arrangements—such as where the children will live or how much time they will spend with each parent—you may need to apply to the court for a Child Arrangements Order.
Because there is no automatic legal framework for dividing property or resolving financial matters, many cohabiting couples choose to make a cohabitation agreement while they are together. This sets out what should happen if the relationship ends, providing clarity and potentially avoiding disputes further down the line. Without such an agreement, separating cohabitants can face uncertainty, and resolving disagreements can be costly and time-consuming.
In short, when a cohabiting relationship ends, each partner generally leaves with what is legally theirs. To protect yourself, it’s important to keep records of financial contributions, make sure both names are on significant assets like property, and consider putting legal agreements in place early on.
