living together or cohabitation agreements

<p>The office of national statistics shows that there has been an increase in households with one cohabiting couple from 1.8 million in 2001 to 2.3 million in 2011, a rise of nearly 30% in 10 years.</p> <p>At present the law does not protect these unmarried couples and when couples separate they suffer unnecessarily.</p> <p>Although there is a campaign to change the law to cover this injustice there is no protection for these couples at present.  A couple can live for many years together and have children and then one partner can simply walk away without any responsibility for the former partner. Under these circumstances many people think that they can claim under common law but sadly they are mistaken as unfortunately there is no such claim.</p> <p>Although, the partner left with the care of the children can make an application under schedule 1 of the Children Act 1984 for an order that they remain in the property but this measure is temporary until the youngest child reaches 18 years of age. Afterwards, the partner left with the children will be in hardship and without a home if the property was owned solely by the partner that left.</p> <p>To minimise the risk of hardship and injustice partners should enter into a cohabitation agreement or living together agreement whether they have children or not as this will set out the terms of arrangements the couple wish to live by and what happens if they separate.  The terms of the agreement can also include the likely changes in the law.  Also the agreement can limit each partner’s claim that the other can make on assets owned by one party only for instances, in cases where one partner has greater wealth than the other.</p> <p>For further information please contact Smitta Modi who can assist you with any inquires regarding living together agreements/cohabitation agreements and can be reached on (0116) 2999199.</p>