Separation and Cohabitation Agreements

There are several reasons a relationship can break down, including;

• You are not married and are cohabiting; or
• You are married/in a civil partnership but do not wish to divorce for personal, religious or other reasons.

When a separation takes place it is advisable to put arrangements in place to ensure certainty for things like the family home, children and other finances.

If you and your partner both agree to the separation, we can assist you with your separation agreements to ensure the minimum upset and distress to all those involved. A Separation Agreement (sometimes referred to as a Deed of Separation) can cover a financial settlement, and child arrangements and fairly divide property and assets. Our sympathetic and understanding team of family lawyers have a vast degree of expertise in this area and can help you through this emotionally challenging time. They will help you to agree on a Separation Agreement that will provide you with some financial stability and certainty which in turn with help you move on with your life.

We also have other experts within the firm who can assist you with other issues that may arise as a result of a separation;

• Conveyancing Solicitors – To deal with the purchase, sale or transfer of property
• Wills and Trusts solicitors – To draft or update your Will or LPA, create a Trust or Tax Planning
• Company Solicitors – To deal with any family-owned business issues

For unmarried couples who choose to live together, it is important for them to understand the law that would apply to them. If their relationship ever broke down, is very different to that which applies to a married couple.

In the event of a separation where only one party owns the house, it can be difficult to establish whether the other party has any financial interest in the house. If you find yourself in a situation where you need advice with cohabitation agreements we are here to help and can advise you on the likelihood of a financial interest in the family home being established by the party that doesn’t own it once the full circumstances have been assessed and considered.

It is very prudent for cohabitants to consider and agree at an early stage on how assets should be divided in the event of a separation and it is advisable to do this before they begin to live together and even before property is actually purchased. It is sensible to go as far as having a cohabitation agreement drawn up to reflect how a couple wishes for their assets to be divided in the event of future separation. A cohabitation agreement is likely to make things smoother, and less stressful and save you money if a breakup becomes unavoidable in later years.

If you wish to discuss legal separation or putting a cohabitation agreement in place, please get in touch with us on 01772 799 600 and one of the team will make arrangements to speak to you.

Family Law Clinic

We offer a free family law clinic each week where new clients of the firm with family-related issues can have a free and confidential 30-minute consultation with one of our family lawyers. Please call us or click here for further information about when the next clinic is taking place.