Cohabitation

The family team at Mullenders understands that an increasing number of people choose to live together without getting married or entering into a civil partnership. The department has considerable expertise in this complex area of law and is, as ever, able to offer high-quality advice in a sensitive and client focused way.

It is important for such couples to obtain legal advice because the law relating to their situation is different from the law relating to married couples.

We advise not only on issues of family breakdown, but also how best to arrange your affairs at the start of a relationship, for example through cohabitation or pre-nuptial agreements which are of increasing significance in this rapidly developing area of family law.

Cohabitation Agreements

Contrary to popular belief, couples who live together but who do not marry do not acquire the rights of married individuals even though the relationship lasts for many years. Increasingly, individuals are choosing not to marry. Our Family lawyers advise on the preparation of Cohabitation Agreements, which can cover home ownership, financial affairs, child issues, and which should provide reassurance to the couple that their individual circumstances will be better resolved should a breakdown occur.

Our family lawyers try to resolve such disputes by way of negotiated agreement. However, where court proceedings are necessary, we have the expertise and experience to run cases decisively and effectively.

Pre-Nuptial Agreements

Pre-Nuptial Agreements are entered into by a couple, before marriage or civil registration, with a view to determining what should happen to their income and assets should their relationship break down. Such agreements are increasingly used by couples who wish to minimise the uncertainty of how their finances might be dealt with by the court in the event of divorce or dissolution. They can be taken into account by the Courts upon divorce or dissolution There are certain specified safeguards which the couple should ensure are complied with in order for the court to place appropriate weight on the terms of such an agreement. One of the most important of these is that they should each have received independent legal advice before they entered into the agreement.

jane wright
Jane Wright LLB (Hons)
Consultant Solicitor, Senior Mediator and Collaborative Lawyer
Jane specialises in Family Law and is an accredited specialist of Resolution and an accredited member of The Law Society Family Panel.