There is no such thing as a common law marriage even if you have lived together for many years.
The rights that couples who are married or have gone through a civil partnership have, unfortunately do not exist for couples who live together. The courts do not have the same powers to order maintenance for you as they would if you were married. It’s important to obtain clear legal advice so that you understand your position.
We can help you draw up a legally binding cohabitation agreement that sets out the position for you.
Please read our blog, ‘Are Cohabitees in a Weak Position?‘ for more information.
Whilst pre-marital agreements are not law in England and Wales at the present time, if there is a pre-marital agreement it is something that the courts, when dealing with the dissolution of marriage or civil partnership, will take into account as one of the factors under Section 25 of the Matrimonial Causes Act 1973. We can assist you in drafting a pre-marital (pre-nuptial) agreement to give some protection in the event of the breakdown of a marriage or civil partnership.
For more information about separation agreements and pre-nuptial agreements, please contact a member of our team.