Cohabitation: Are you in financial danger?

Lawpack

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The number of couples cohabiting is growing, despite a fall in divorce rates. But many couples who live together don't understand the legal pitfalls they may face.

The number of couples living together is growing as divorce numbers continue to drop, making more and more people at risk of losing everything should their partner die.

Figures released by the Office for National Statistics last month show a startling drop in the number of people who are getting divorced.

The divorce rate in England & Wales fell to 11.9 divorcing people per 1,000 married population in 2007, down from the figure of 12.2 in 2006.

This is the lowest divorce rates have been since 1981.

So surely the decline in divorce rates is good for marriage figures?

Apparently not, according to divorce lawyer Ayesha Vardag, who says the fall in divorce rates is down to the decreasing popularity of marriages.

"Rates have fallen not because couples are staying together and working out their differences, but because marriage has become so unattractive," she said.

"With all the recent publicity about huge divorce payouts there's a sense that if you get married you give the court a blank cheque to sort out your affairs in a way that you have little or no control over."

But people who live together are also at risk of losing more than just a partner should the relationship finish.

Ms Vardag says, "Cohabitation doesn't give either party much in the way of legal rights in the event of a break-up.

"The huge gulf between the position of being married and cohabiting works strongly in favour of the partner with the money, meaning they will resist marriage."

The government has put planned reforms of the law on cohabiting on hold at present, meaning that those who live with their partners have almost no legal rights if they break up.

A typical cohabiting scenario that leads to disaster could be this:

A couple buy a flat together and take out a mortgage. One person puts their name on the mortgage and agrees to pay the mortgage repayments, while the other agrees to pay the bills, the food bill and for general upkeep of the place.

They believe that they have a common law marriage and they live together happily for several years. But they then split up and decide to divide everything in half.

But the big problem is that, in the eyes of the law, there is no such thing as a common law marriage. The person who owns the house or whose name is on the tenancy agreement doesn't have to give their partner anything.

If the couple had wed, there could be a claim to split everything in half.

So what action should cohabiting couples take to protect themselves in case the worst happens and they split up?

According to the Relationship Expert website, cohabiting couples should ensure that they make a will stating that their partner receives rights to their estate in the event of them dying. Without this, any property or inheritance would be passed directly to the couple's children, or failing that, the deceased's parents.

If the couple separate, the website says that a cohabitation agreement would provide the best protection, as it would set out the terms of any split.

Another option is to take out either a joint mortgage or a joint tenancy agreement, either of which would give both people equal rights over the property.

Whatever the case, the rise in cohabitation and the public's lack of knowledge about the legal dangers is putting more and more couples at risk of losing more than just a partner.

More information
Read our seven steps to how you can protect yourself financially
Living together? Find out why you need to make a Will today!
Thinking of cohabiting? Make a Cohabitation Agreement now!
Moving in together - six steps to unmarried bliss
What you need to consider when moving in together
Learn more about your rights from expert family lawyer Philippa Pearson
Cohabitation: How to buy property together
Find out your parental rights (or lack of) as an unmarried couple
Thinking of getting married? Protect your assets by downloading a prenuptial agreement today!
Why a 50:50 split is still not assured for unmarried couples
Read more on the myth of 'common law marriage'
Getting divorced? Save legal fees by doing your own DIY divorce today!
Want a quickie divorce? Find out more on how to divorce online

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