There is a common misconception that couples who live together as if married, enjoy the same legal rights as those who are married. The term "common law husband and wife" is often used in these circumstances.

However, the reality is quite different. When such a relationship ends, whether through separation or death, the couple will legally be treated as two unrelated individuals.

This means that each person takes out of the relationship only things that they brought into it. For example, money or assets acquired during the relationship will belong to the person responsible for acquiring them, regardless of whether the intention had been to share these assets during the relationship.

In the light of this, if you are a cohabiting couple, particularly if you have children, you should seriously consider drawing up a cohabitation agreement. Although it is not legally binding by a Court if the couple separates, it serves a very useful purpose in indicating the couple's intentions to legal advisors and potentially to a Court.

Our Family Law Team has extensive experience of negotiating with couples and drawing up a concise, clear, written agreement that accurately reflects both their wishes.