PROMOTION WHY A LIVING TOGETHER IS ESSENTIAL TO SECURE YOUR FINANCIAL FUTURE A sharp increase in the number of cohabiting couples over the past 15 years or so has led to a rise in complex and often costly legal disputes when they split up. Many people believe that they have the same legal protection as married couples, however, there is no status in English law as a common law spouse or partner and no such thing as a "common law marriage If a cohablaing relationship breaks down there is very litle peotection for the financially weaker partner, typically the woman, who often has children. Asaresult, some cohabiting families can find themselves facing real difficulties should they separate In England and Wales when married couples divorce or civil partners breakup both parties havea legal right to maintenance and their share of assets, including peoperty. The Court has a wide discretion under marital law to take all the circumstances and history of the relationship into account and decide on a fair division. Cohabiting couples have no such rights to any financial support if the relationship breaks down, regardless of the number of years they have been together and whether they have children. One parent may be entitled to Child Maintenance, however the amount due is calculated by the Child Maintenance Service using a standard formula based on the ex-partner's income. If the couple do not have a Declaration of tnust for any property they might co own, shoukl a dispute arise they may find themselves having to navigate their way through complex laws of tusts to work out how much of a share in the property they might be entitled to. Not only is this problematic, it does require expent, legal advice to resolve. The interpretation of the law on trusts is frequently changing on a case by case basis, To avoid such issues it is a good idea for any couple who are thinking of moving in together to enter into a "Living Together Agreement. This can set down at the outset what might happen in the unfortunate event their relationship breakdown and prevent any problems arising, It can cover how you will support your children, over and above any legal requirements to mairtain them, as well as how you would deal with bank accounts, debls and joint purchases such as a car. Whilst int is not the most romantse way to take the next step in your relationship, knowing all the practicalities have been addressed gives peace of mind and ensures If you would like further information in relation to living together agreements or faaily law generally, please contact one of our family solicitors at Debenhams Ottaway For more information or advice please contact Natalie Lester, Family Solicitor Debenhams Ottaway T: 01727 735612 W: debenhamsottaway.ouk DEBENHAMS OTTAWAY SOLICITORS Your aspirations are our inspiration