I have moved in with my partner for the lockdown, what happens if things don't work out?

Q I have moved in with my partner for the lockdown, what happens if things don’t work out?

A. The deputy chief medical officer, Jenny Harries, has suggested that couples who do not live together should either stay apart during the Coronavirus lockdown or “test the strength of their relationship” by moving in with each other but where does this leave couples financially if things don’t work out?

There is a misconception that if a couple have lived together for a particular length of time that they have entered into a ‘common law marriage’. However this isn’t the case. Just because you have lived together does not give an automatic right to an interest in a property held in the sole name of one person (even if it is the “family home”) or for ongoing financial support after the breakdown of the relationship. A break up, especially when you are living together, can be a stressful and expensive and whilst it may not sound overly romantic, it is wise to consider entering into a Cohabitation Agreement.

A Cohabitation Agreement would record each party’s rights and responsibilities in relation to the property where they live and the financial arrangements between them, both during and after the cohabitation has come to an end and the arrangements to be made if the parties decide to no longer live together. The agreement can also record the ownership of other personal property such as cars or furniture that may be used by both parties whilst they cohabit but would be retained by one party if the cohabitation ends.

Current legislation does not entitle a cohabitee to make a claim against the other for ongoing maintenance or support if the cohabitation ends. However, some cohabitees do want to make arrangements to support the other cohabitee if the relationship breaks down, especially if there are children. These types of agreements can be drafted into a Cohabitation Agreement.

A well drafted agreement can:

• reduce the possibility of a dispute about the ownership of a property if the cohabitation ends;
• save both parties a considerable amount of money on legal costs if the cohabitation ends;
• provide cohabitees with flexibility and freedom to organise their financial affairs during or following cohabitation which may not be otherwise be included in current legislation;
• preserve assets brought by one party into the relationship.

There are no restrictions on when a Cohabitation Agreement can be entered into and therefore they do not need to be signed and executed before the cohabitation commences.

If you would like to discuss Cohabitation Agreements in further detail then please do not hesitate to contact the Harrowells Family Law Team.