Cohabitation FAQ's

Clough & Willis Divorce Solicitors have many years experience in cohabitation agreements, pre-nuptials and civil partnerships. Below are some of the most common or frequently asked questions that our solicitors may receive in relation to cohabitation.

My partner and I are separating and we are not married. Can I make a claim on the house?

If the property is not in joint names then to establish a share in a property can be very difficult. A financial contribution to the property or a common intention to share the property can establish an interest. Simple payments to the mortgage or utility bills are not necessarily sufficient to establish a share. However once an interest has been established the Court can then adjust the extent of that share to what is deemed to be fair in the circumstances. However this area of law is very complex and we recommend that you consult one of specialist Family Solicitors for further advice as the Court can assume an intention from the whole course of dealings.

What is a Cohabitation Agreement?

Couples who choose not to marry may wish to agree upon a framework to regulate their legal and financial obligations to each other, this is known as a Cohabitation Agreement. It gives individuals the ability to clearly set out their intentions for the future in a legal document. Cohabitation Agreements should also be accompanied by a Will and possibly a Deed of Trust reflecting the property shares. We recommend that you consult our specialist Family Solicitors for further advice.

What is a Pre-nuptial/Civil Partnership Agreement?

These type of agreement is entered into by two individuals prior to a marriage / civil partnership. Its aim is to set out clearly the ways in which prospective spouses / civil partners will hold their assets during the marriage / civil partnership and their intentions should they later dissolve that relationship.

These agreements are not currently binding in the Courts in England and Wales but that said are understandably becoming increasingly popular. They are now one of the material factors taken into account by the Court when deciding the division of the assets upon Divorce / Dissolution of the relationship. In the case of a short marriage/ civil partnership, if the Court considers the agreement to be relevant, fair and signed freely by both parties in good time before the ceremony therefore allowing at least the ability to take legal advice and with full disclosure of the assets it can often be one of the most important factors for the Court to consider.

 

If you are considering one of these agreement do not hesitate to contact our specialist family law department for further advice as they should be comprehensive and do have a diminishing life span   

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What Our Clients Say

I am so pleased with how Mr Macwilliam handled my case. He was extremely helpful and patient with us. I would recommend him 100% to anyone who needed a solicitor.

Mr Ashfaq

We used Clough & Willis because we believe Chris Macwilliam is the best solicitor in his field within the Bury area possibly within the Manchester / North West area. We would highly recommend Clough & Willis to family and friends.

Mr Smith

I would like to say I am extremely grateful to all at Clough & Willis. I enjoyed the fact that I could ring at any point and speak to Mr Macwilliam and always be given his full co-operation and time. I was never rushed to finish the call! I would also like to add, Mr Macwilliam kept me so up to date with my case, I always felt in the loop, I almost felt like I was the only client and felt the service was very personnel! Thank you and all the best!

Ms Broadbent-Davies

I greatly appreciated Mr Macwilliam's handling of my claim. His expertise made the whole process so easy for me and I am highly satisfied with the outcome. Many thanks.

Mr Addy

Christopher Macwilliam was excellent throughout my claim. He listened carefully and always kept me up to date. Everything was handled in a highly professional manner and I cannot speak highly enough of Chris and the company as a whole.

Mr Saunders

Mr Macwilliam has been very patient as my husband is dyslexic, some things needed explaining a few times and in other ways so Alan could understand. The interim payments were a huge help while the claim was going through.

Mrs Bonney

I was pleased with the professional and efficient manner with which my claim was dealt with. It was an unusual claim / incident but Mr Macwilliam put time and effort into understanding the dental side of the issue. I am very pleased with the outcome.

Mrs Johnson

Mr Macwilliam dealt with my case exactly how I had hoped. He was extremely professional throughout and always kept me up to date with the progress that was being made.

Mr Leech

I am writing to express our gratitude for all your hard work in securing a very good payment for the accident.

Mrs Plaskett

This was the second occasion that Chris Macwilliam has helped me to settle a problem. I have always found him to be very professional, patient and an extremely good listener. If I require the services of a solicitor in the future I would definitely contact Clough & Willis. I have recommended the firm on numerous occasions.

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