Moving in with your partner is an exciting and important milestone in any relationship. However, as you begin this new chapter, it’s easy to overlook the legal side of things.
The term “common law marriage” does not exist in law. If a cohabiting relationship breaks down, neither party has an automatic legal claim over the other’s assets or finances, regardless of how long you have been together.
A cohabitation agreement provides the legal clarity you need to protect your interests.
Listen to the podcast – Do cohabiting couples have any legal rights?
A cohabitation agreement is a legally binding document that outlines the rights and obligations each partner has within the relationship. It can be created before or after you start living together. The agreement can cover a wide range of issues, including:
We provide expert legal advice and draft a bespoke cohabitation agreement that is tailored to your unique circumstances, ensuring it is a legally binding document that protects you and your partner.
If you are facing a dispute over the family home or any other shared property our specialist solicitors specialise in Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) claims. TOLATA provides a crucial legal route for resolving these matters for unmarried couples. Our solicitors will provide advice, negotiate settlements, and represent you in court to resolve disagreements concerning who owns a property and who can live in the property or order its sale and how the proceeds should be divided.
While a cohabitation agreement is a vital tool, a full plan for protecting your assets often involves a combination of legal documents. We provide a holistic approach to ensure all aspects of your life together are protected.
Declaration of Trust – If you own a property together, a Declaration of Trust is a crucial legal agreement. It states exactly how the property is owned legally and beneficially, protecting unequal contributions (for example, if one partner put down a larger deposit).
Transfer Deed – A Transfer Deed (TR1), which is completed when you buy a house, sets out the legal ownership. We will help you consider whether to own the property as Joint Tenants (where each partner owns 50% and automatically inherits the other’s share) or as Tenants in Common (where you can define a specific percentage of ownership and your share can be passed on in your Will).
Wills and trusts – The Rules of Intestacy do not provide for an unmarried partner. Without a valid Will, a surviving partner will not automatically inherit any property or finances, regardless of how long you have been together. We will ensure you both have up-to-date Wills in place to guarantee your wishes are carried out.
Read our article: A fairer end to relationships’ Government consultation on cohabitation reform.
Tailored advice – No two relationships are identical. We always take the time to understand your unique circumstances, providing a personalised service and a clear, realistic plan.
Integrated legal services – As a multi-service law firm, we provide joined-up legal support. Our family law solicitors can work seamlessly with our conveyancing and Wills, Trusts and Probate teams to ensure all your assets are fully protected and your arrangements are coordinated.
Expertise you can trust – Our family law team has extensive experience in all aspects of cohabitation law, providing you with specialist and reliable guidance.
The Government is considering whether separating cohabitants should have access to a clearer and fairer system for resolving financial disputes. Katharine Scoot, partner and Family Law Solicitor at HRJ Foreman Laws solicitors explains what it could mean for cohabiting couples and what is available today to protect them.
Enforcement is the process of asking the Court to take further action when one party has failed to comply with an existing court order. Katharine Scoot, family law solicitor at HRJ Foreman Laws Solicitors discusses what an enforcement order means and when to use it.
HRJ Foreman Laws Solicitors has launched a new One Couple, One Lawyer family law service for couples who want to manage divorce, civil partnership dissolution or separation in a more constructive and cooperative way. The new service will be led by Roger Weller, an experienced family law solicitor at HRJ Foreman Laws Solicitors, who is trained to practise the Resolution Together approach.
For couples who want to deal with their separation, divorce or dissolution together in a calm, respectful and amicable way, HRJ Foreman Laws Solicitors offers a one couple, one lawyer service.
Katharine Scoot, Family Solicitor and partner at HRJ Foreman Laws Solicitors answers questions about a separation agreement, to help you decide the best approach for you.
As you plan your future home and family, taking a few simple legal steps now can provide peace of mind and ensure you and your family are financially protected. Read our top legal tips for planning your life together.
Facing divorce or separation is a challenging time, and making decisions about your children's future can be the most difficult part. Reaching an agreement on where your children will live, how much time they will spend with each parent, and how you will co-parent is vital for their stability. Vyonne Manuel, family law solicitor explains the three routes to an agreement and the legal process.
The financial impacts of a divorce are often one of the biggest concerns. It is natural to worry about how you will manage the financial needs of the children and the home. There is often uncertainty about how assets will be divided, and if there be enough money to meet the day-to-day needs. Katharine Scoot, Family Solicitor and partner at HRJ Foreman Laws Solicitors discusses some of the key things you need to know about managing finances during a divorce.
A person’s pension is often one of their most valuable assets. If your marriage breaks down, the parties will need to divide up their all-matrimonial assets between them so that their needs and future needs can be met, this will include any pensions held by either spouse.
Thinking about life after a divorce or relationship breakdown can be an emotional rollercoaster. It is normal to feel nervous, anxious, and confused. Here are some tips from Family Solicitor Katharine Scoot at HRJ Foreman Laws Solicitors to help you through the process.
A C100 is a legal form used in family court proceedings in England and Wales. In urgent situations, the court may expedite the process to address immediate concerns regarding a child's welfare.
Katharine Scoot, partner and head of the family law department at HRJ Foreman Laws Solicitors in Hitchin, chatted with Carla Lett at mybump2baby about cohabitation and answers the question – do cohabiting couples have any legal rights?
Around this time of year we are often contacted by clients who have separated or divorced and have contact issues with their children during the Christmas period. Read Vyonne's top 5 tips to help you plan your child arrangements.
Our article explores the rights and legalities surrounding same-sex marriage compared to civil partnerships. Learn about inheritance, pensions and parental responsibility.
Roger Weller, family law solicitor, has been awarded the prestigious Family Law Advanced Accreditation by the Law Society. The accolade is given to those who can provide a detailed application with examples of their experience in family law.
The capital gains tax (CGT) rules for separating couples mean that if you are separating and you own a second property, you can transfer that property to your spouse, as part of your financial settlement, within three years of separation, without having to pay Capital Gains Tax.
Facing a divorce is an emotionally challenging time, especially when it comes to discussing the division of matrimonial assets and child arrangements. It is important to consider the time you need to mentally prepare before beginning the process. Then when you are ready, contact us, and we will guide you through each step.
A cohabitation agreement is a legally binding contract entered into by unmarried couples. It establishes the rights and obligations that each person will have within the relationship. This agreement can be put in place either before the couple begins living together or at any point...
We are often asked, are grandparents legally entitled to see their grandchildren? Currently, the law in England and Wales does not give grandparents an automatic right to see their grandchildren. However there are some things grandparents can do if they wish to seek more regular access to their grandchildren. Here, Vyonne Manuel, Family Solicitor at HRJ Foreman Laws Solicitors explains in more detail.
The 16th to 21st January 2023 is Family Mediation Week. The campaign, by the Family Mediation Council, seeks to raise awareness of family mediation and its benefits to separating families. The Family Law team at HRJ Foreman Laws Solicitors support the campaign and the mediation...
We are often asked, is a prenuptial agreement worthwhile? Couples seeking to protect assets gained prior to their forthcoming marriage, often consider a prenuptial agreement, but have concerns about whether it will be upheld. Here, Kathy Scoot, Family Solicitor at HRJ Foreman Laws Solicitors talks about prenuptial agreements and whether it is the right approach for you.
The family law team at HRJ Foreman Laws Solicitors are supporting ‘Good Divorce Week 2022’. This year Good Divorce Week (28 Nov – 2 Dec) will highlight the crisis in the family courts and raise awareness about how families can resolve their disputes away from...
Vyonne Manuel, Family Solicitor at HRJ Foreman Laws Solicitors highlights why you may wish to enter either a prenuptial or postnuptial agreement. 1. Protecting Assets and Providing Certainty A nuptial agreement provides a framework for how your assets would be divided in the event of...
From the 6th April 2022, the long awaited no fault divorce became reality. Read on to learn more about what it means and where you should still seek legal advice. What is a no fault divorce? The no fault divorce is officially referred to as...
As we prepare for the holiday period ahead, we are only too aware of the stress it can bring for some families who have the added job of agreeing child arrangements. Read on for our top five tips to agreeing Christmas contact for your children....
Vyonne Manuel, Family Solicitor at HRJ Foreman Laws Solicitors busts some myths about ‘common law marriage’ and provides advice for couples who are living together. What is a common law marriage and is it legally binding in England and Wales? Contrary to popular belief, there...
Vyonne Manuel, Family Solicitor at HRJ Foreman Laws Solicitors, Hitchin provides more information about post nuptial agreements and how you go about obtaining one. A post nuptial agreement is made between a married couple or a couple who have already commenced a civil partnership. It...
Vyonne Manuel, Family Solicitor at HRJ Foreman Laws Solicitors, Hitchin provides more information about prenuptial agreements and why you may need one. A prenuptial agreement is a formal document signed by a couple before they marry or enter a civil partnership. It sets out how...
Roger Weller, Family Solicitor at HRJ Foreman Laws Solicitors provides an update on the Divorce, Dissolution and Separation Act 2020 We discussed the government consultation process for no-fault divorce back in January 2019. At the time, we were hopeful that the new legislation would be...
The second lockdown in England is expected to be in place until at least Wednesday 2 December. Businesses must close, we must stay at home and households must not mix during this time. Exceptions include; leaving home to go to work, where it is not...
Relationship breakdowns and divorce can be an emotional time for you and your family. In the lead up to your first meeting with your family lawyer, it’s normal to feel nervous, anxious and upset. Family Solicitor Katharine Scoot from HRJ Foreman Laws Solicitors shares five...
I want to talk about divorce and negotiating financial agreements Many couples in lockdown are discovering that the time has heightened existing relationship strains. And for others, the pressure to open discussions about separation cannot wait any longer. If this sounds like you, there is...
To comply with Covid-19 prevention measures, parents across the country are juggling childcare, home school and working from home. There is an added consideration for children of parents who have separated as they try to make this work with the other parent and honour any...
Now that most of the United Kingdom is isolating, lots of new questions are arising from families concerned as to how this will impact their lives. One pressing question is from parents who live separately and share child arrangements. Cabinet minister Michael Gove was forced...
You don’t have to search for long to find funny memes and videos of couples as they prepare to be confined indoors together. While a sense of humour is essential at this time, for many, the thought of self-isolating with a partner, when there are...
Opposite sex couples in England and Wales can now enter a civil partnership. The new law is the result of a campaign initiated in 2014 by Charles Keidan and Rebecca Steinfeld. They won their case in the supreme court in 2018, when the court found...
What happens when there is no Will? Cohabiting is the fastest growing family type in the UK. And just like the approach to cohabiting couples who have jointly held property, the law adopts a dramatically different approach to a bereaved cohabiting partner, compared to that of...
The government consultation process for no-fault divorce closed on 10 December 2018. In advance of its outcome, Roger Weller, Family Solicitor at HRJ Foreman Laws Solicitors considers the current divorce process and highlights why a no-fault option would be a positive change to divorce law....
If you are ready to put a cohabitation agreement in place, our family law team is here to help. Contact us today to schedule your confidential consultation.
Call us on: 01462 458711
Email us at: info@hrjforemanlaws.co.uk
Or simply fill out the form below, and we’ll get back to you promptly.
Hitchin
01462 458711
Welwyn Garden City
01707 887 700
Old Harlow
01279 709100
London
0203 327 9001
