Cohabitation and Living Together Agreements Knowledge & Resources

A frequent misconception is that by living together a person can become a ‘common law husband’ or a ‘common law wife’. There is no such thing under English law. If a couple live together as if they were a married couple or in a civil partnership they won’t enjoy the same benefits given to couples who are married or civil partners.

Cohabiting couples should consider a living together agreement which can regulate the different aspects of a couple’s relationship from the outset of that relationship.

A living together agreement deals with the rights and obligations of a cohabiting couple should the relationship come to an end and is the starting point for any discussions if the relationship does break down.

The agreement can cover issues such as who should be responsible for the household bills and the relative shares if there is a joint responsibility. It can also cover who owns the property they live in and if there is joint ownership, what proportions.

When cohabitees purchase a property together, it is recommended that a deed of trust is prepared which records the ownership proportions. This should be undertaken even if this information is recorded in a living together agreement.

Unlike a living together agreement, a deed of trust can be registered with the Land Registry. This means that notice can be given to the outside world that a deed of trust exists and that any sale must be completed in accordance with its terms.

If you aren’t married and want your partner to receive a share of your estate in the event of your death, it is essential that you leave a valid Will which makes provisions for your partner. If a valid Will does not exist, they will not inherit a share of your estate on your death and rules of intestacy apply.

A father who is not married to the child’s mother at the time of the child’s birth has parental responsibility if his name is placed on the child’s birth certificate. In all other circumstances the father will not have parental responsibility for his children, unless the mother enters into a parental responsibility agreement with the father or a court grants the father parental responsibility.

Family circumstances are likely to change so a living together agreement must be regularly reviewed to ensure that it still reflects the wishes of both parties. It is recommended that living together agreements are reviewed every three to five years and on the occasion of a major event such as the birth of a child.