Unmarried Couples

The number of cohabiting couples has increased dramatically since the 1970s and is expected to continue to rise. The Government has predicted that by 2031 over 1 in 4 couples will be living together without being married. The notion of common law marriage in terms of conferring any legal status or entitlement however remains entirely a myth.

Those who live together and are not married or are not Civil Partners are treated very differently in law to a married couple.

If the worst should happen and a relationship breaks down or when one of the parties to the relationship dies, one partner has no automatic entitlement to anything which belonged to the other partner, even if the relationship was a long relationship and even if there are children.

Our specialist Cohabitation Team offer tailor made legal advice to couples who are living together, who are separating or who wish to simply plan ahead so as to ensure that their partner and their children are financially secure following their death.

Our specialist lawyers frequently provide advice on the following issues:

Separation

Cohabitation Agreements
Separation Agreements
Establishing an interest in property under the Trust of Land and Appointment of Trustees Act 1996 (“TOLATA”)
Establishing the value of an interest in jointly owned property under TOLATA
Selling property to realise a share
Claiming provision from a partner’s Estate under the Inheritance (Provision for Family and Dependants) Act 1975
Ownership of or respective shares in other jointly owned assets
Financial provision for children
Contact and Residence arrangements for children

It is important to take advice early and to plan ahead. It is also important to keep arrangements under review so that if circumstances change the legal arrangements that are in place are also changed to reflect the new circumstances.

We Cover

Jo Stone

Partner

01872 265100

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Jo is a partner in charge of the Truro Family Team and deals with a range of family matters, disputes concerning children, injunction work and representing unmarried couples on separation.

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Phil Gregory

Partner

01392 210700

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Phillip is a partner in the litigation and dispute resolution team and has been with Stephens Scown since 1989. Phillip specialises in private client litigation, with particular expertise in contentious probate, property disputes between co-habitees and other claims arising out of joint ownership of property.

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Charisse Crawford

Solicitor

01392 210700

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Charisse trained with the firm and qualified in September 2009. She is a Solicitor in the litigation and dispute resolution team.

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Andrew Barton

Partner

01392 210700

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Andrew joined the firm in 2000 and is an Partner in the Family department. His work centres on the financial issues arising from divorce or separation, and he has obtained Specialist Accreditation in this area with Resolution.

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