Click here for main page content Click here for main services navigation Click here for company information navigation Click here to sign-up to newsletter Click here for site legal information Click here to contact us Click here to return to homepage

To give you the best possible experience our website is using cookies. Click here to find out more about these cookies.

If you do not disable cookies we assume you are happy for us to use them. Disable cookies.

This site uses a variety of cookies. Some of these cookies are to aid your visit. You can turn these off by clicking here. Some of these cookies are functional and make our site work - these can be disabled through your web browser. You can find details about all our cookies in our privacy policy. If you navigate to another page of our site without disabling cookies, we will assume you have consented to their use.

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.

Jo

Jo Stone

Partner

01872 265100

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.

More Info

Marissa

Marissa Prince

Solicitor

01392 210700

Marissa is a solicitor in the Exeter Family Team.

More Info

Phil

Phil Gregory

Partner

01392 210700

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.

More Info

Charisse

Charisse Crawford

Associate

01392 210700

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

More Info

Andrew

Andrew Barton

Partner

01392 210700

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.

More Info

Sarah

Sarah Walls

Solicitor

01392 210700

Sarah is a Solicitor in the Exeter Family Team working in all areas of Family Law.

More Info

Fiona

Fiona Cavell

Associate

01726 74433

Fiona is an Associate and well established member of the Family Team, having joined in 1991.

More Info

Sarah

Sarah Fitzgerald

Solicitor

01726 74433

Sarah is a solicitor in the Family Law Team, based in St Austell and joined the firm in 1995.

More Info

Contact

Getting Married Abroad: What should you consider?

In recent years it has become increasingly popular for couples to get married abroad, however there ...

Read more

Divorce: what to expect from a First Appointment

A First Appointment, or First Directions Appointment (FDA) is often the first hearing that takes pla...

Read more

Related