Cohabitation

How does the law deal with my assets upon separation if i’m not married?

Here at Reeds we understand that the law for the separation of assets and income for unmarried couples in England and Wales is much misunderstood. There is a widely held view that the longer the relationship lasts the greater the entitlement to assets and income of the other person in the relationship and that couples can become ‘common law’ spouses and so benefit from the standard divorce claims on separation . Neither of these are true.

Despite calls for reform of the law, such cases are still dealt with under property law and the law of trusts, with the added complication of possible claims for children under the Children Act 1989 and CMEC (formerly the CSA).

Generally, the settlements are beneficial to the property owning party, and there is no provision for the equivalent of spousal maintenance.

We at Reeds are able to advise you as to the consequences of your separation, which are often very different from the settlement you would have achieved if you had been married or in certain circumstances engaged.
If you find yourself in a Cohabitation Dispute, call us on 01924 201001 (Wakefield) OR 01904 202122 (York) for our expert help today!
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