Although many clients take specialist legal advice on protecting their business assets, relatively few take advice on the merits of entering into a cohabitation agreement. This could regulate how their personal wealth would be divided on the breakdown of their relationship.
In contrast to divorce proceedings, there is no single piece of legislation to resolve cohabitation claims. This can mean that couples face bringing or defending claims under the Trusts of Land and Appointment of Trustees Act or the Children Act. The outcome of cases can because of this depend on property entitlements rather than need.
Early advice should be sought by clients who are:
- Contemplating buying a property in joint names
- Contemplating buying a house in which they will live with their partner. Even if the partner’s name is not placed on the title deeds to the property, he or she may still claim a beneficial interest unless a cohabitation agreement is prepared
- Involved in a change of personal circumstances after a property is purchased. This could involve, for example, a new relationship being formed or a property being transferred into joint names
When a relationship breakdown occurs Hill Dickinson can advise
on the financial documentation required and potential
claims. If there are children involved, we can also advise on
child support and childcare arrangements.
Hill Dickinson LLP provides advice to individuals referred
by the firm’s corporate and commercial, sports and private client
teams.
