People don’t need to be married to go through a tricky or complicated break up. Cohabitation is an alternative to marriage, which increasing numbers choose. But when these relationships come to an end, there are often a number of issues where legal advice is required – not least, the division of property and arrangements regarding children.
It is sensible for a couple setting up home together, but not marrying, to have a Cohabitation Agreement drawn up. For two people planning to live together, FDR provides all the advice and assistance needed to draw up such an Agreement. This Cohabitation Agreement will set out the agreement reached between you and your partner regarding your finances and joint assets if you subsequently separate.
Knowing where you both stand
At FDR we are able to discuss and explain the issues appertaining to cohabitation and cohabitation disputes. Our team can help you make the appropriate declarations at the time of a property purchase to ensure clarity for both parties in the event of disputes.
In the event of a relationship breaking down, cohabitants may have several decisions to make regarding property held in joint names, property held by one party and issues regarding any children affected by the cohabitation dispute.
Here are some typical issues faced when cohabitants separate:
- If property is held in joint names, is it to be sold and, if so how will the proceeds be divided? Or can one party purchase the other’s interest in the property?
- If property is held in the name of only one of you, can the other party establish a claim to the property under a Constructive or Resulting trust?
- What maintenance for the children should be paid?
- With whom will the children live with and what contact will the other parent have? Or is there to be a shared residence arrangement?
We can assist in these kinds of situations and many more.
To find out how FDR can help you with cohabitation legal issues, please contact us.
