Cohabitation Law in Worcestershire
Resolve Law Group has years of experience practising cohabitation law in Worcestershire. We understand how to get results for our clients.
Understanding Common-Law Marriage in the UK
Resolve Law Group has years of experience practising cohabitation law in Worcestershire. Cohabitation law is a complicated and highly nuanced branch of UK law that demands an experienced legal adviser. If you have been in a long-term and unmarried, and the relationship is dissolving, you might have limited rights. We can help ensure you are protected. Cohabiting arrangements are prevalent, but they are not recognised by the Court. Several laws oversee cohabiting arrangements , but they can be tough to navigate. We represent clients before, during, and after a cohabiting arrangement.
How Can A Cohabitation Agreement Help?
A cohabitation agreement is a contract that covers all aspects of cohabitIng relationship. They are flexible and tailored to each couple. We recommend all cohabiting couples have one, as they can save both parties heartache if the relationship ends or one cohabitant dies. They can cover property, such as homes and cars and provide financial support if the relationship ends. We can draft an agreement that stipulates how to pay debts. Cohabitation agreements sometimes include information about what to do if one cohabitant is incapacitated. These agreements are legally binding.
What is “Common Law” Marriage?
Cohabitation law is complicated because no two relationships are the same. For instance, many of our clients have children but are not married. A cohabitation agreement can ensure both parties agree on the raising of the children, how they are financially supported, and their living arrangements. If the parties separate, an agreement will make the process much less stressful. Because marriage simplifies many of these concerns, cohabitation law is, by definition, more complicated. It is essential to understand there is no legal definition of common law marriage. To obtain the rights married couples have, you must either get married or establish a clear-cut cohabitation agreement.
What Rights Do I Have If I Split From My Companion
The only rights you have are the ones guaranteed in the cohabitation agreement (if you have one). For instance, distribution of assets and property are not handled by the Courts. However, a pre-established cohabitation agreement might stipulate which companion receives which property. Spousal support rights do not exist, but child support does. For instance, if a cohabitating couple has children, then both parties may like to agree to a child support and maintenance plan, just as a married couple would. The mother automatically has it, while the unmarried father would if he is named on the child’s birth certificate and otherwise would need to apply. In most cases, they receive their parental rights.
Legal Rights If One Member of a Couple Dies
Unmarried cohabiting couples do not have automatic rights of inheritance if one of them does not leave a will. When someone dies without drafting a will, there are legal rules, called intestacy rules, that determine beneficiaries. Unmarried cohabitants do not receive inheritances under this legal concept. However, an unmarried survivor of a cohabiting couple can still claim his or her companion’s estate through the Inheritance (Provision for Family and Dependants )Act 1975 provided certain conditions are met. This claim is valid if the deceased died without a will or if a will did not adequately provide for the companion. There is a six-month period for applying for an inheritance.
Can Cohabitating Couples Open a Joint Bank Account?
Yes. Opening one can link the couple to a degree, but there are a handful of things to consider. For instance, there are implications involved in opening a joint account. For example, there is nothing to stop one person from emptying the account, and the other has few rights to reclaim those assets. Because common law marriage does not exist, and there are so few rights associated with cohabitations, couples need to understand this distinction. Resolve Law Group can help by establishing a cohabitation agreement, which can provide a legally binding roadmap for handling finances.
Contact Resolve Law Group for More Information
Cohabitation law might be complicated, but our Legal Advisers have the knowledge to bypass many of the issues and help our clients take advantage of the rights they do have. Whether by representing a couple and drafting a cohabitation agreement or by assisting one former member of a couple with the aftermath of a breakup, our Legal Advisers can help make things run a little smoother. Contact us today for more information.