Common Myths Surrounding Cohabitation, Marriage and More
At The Hearth, we’re all about supporting and uplifting women. We believe that female empowerment is about understanding our rights, so we sat down with our friends at family law firm Bross Bennett to debunk common myths surrounding cohabitation, marriage and asset division. In this blog, we will clarify some of the confusion around the differences between cohabitation and marriage, and your different legal rights.
Are You Cohabiting? Know Your Rights
If you're cohabiting with your partner, you may be wondering what your legal rights are. Do you have the same rights as married couples?
The answer is no. It is a common myth that these two are the same, but in reality, there are some major legal differences between married partners and cohabitees. It’s important to be aware of these differences so that you can protect yourself in the event of a dissolution.
Here's a breakdown of some of the key differences:
Property: Married couples and civil partners have a starting point of a 50/50 share of any property they own together, regardless of whose name it's in or who paid for it. Cohabitees, on the other hand, have no automatic right to share their partner's property.
Right to remain in the home: Married couples and civil partners have the right to remain in the family home until they are divorced, even if the property is only in one partner's name. Cohabitees, on the other hand, have no such right.
Pensions: Married couples and civil partners are usually entitled to a share of each other's pensions accrued during the marriage. Cohabitees, on the other hand, have no legal right to a share of their partner's pension.
Maintenance: Married couples and civil partners can claim maintenance from their higher-earning spouse if they are unable to meet their reasonable needs. Cohabitees, on the other hand, have no right to receive maintenance for themselves.
These are just a few of the key legal differences between married partners and cohabitees. It's important to be aware of these differences before you start cohabiting with someone so that you can protect your rights if the relationship ends.
Why should you care?
Knowing the legal differences between married partners and cohabitees can help you in a number of ways. For example:
If you own property with your partner, you can take steps to protect your share of the property if the relationship ends. This may involve having the property transferred into joint names or entering into a cohabitation agreement.
If you have children with your partner, you can make arrangements for their care and financial support in the event of separation. This may involve drawing up a parenting plan or entering into a child maintenance agreement.
If you are financially dependent on your partner, you may be able to claim maintenance from them if the relationship ends. This can help you to meet your reasonable needs while you get back on your feet.
What can you do to protect yourself?
If you're considering cohabiting, or if you're already cohabiting, there are several things you can do to protect yourself, including:
Talk to your partner about your expectations and what you would like to happen if the relationship ends.
Consider entering into a cohabitation agreement. This is a legal agreement that sets out the financial arrangements between you and your partner, such as how you will own property and share assets if you separate.
Seek legal advice to understand your rights and obligations. We were lucky enough to have Family Law Lawyers Jamie Gaw and Eleanor Hoare from Bross Bennett provide us with a Lunch & Learn on this topic.
It's important to remember that everyone's situation is different, so there is no one-size-fits-all answer. However, by being aware of the legal differences between married partners and cohabitees, you can take steps to protect yourself and your interests.
Stay tuned for the next blog in our series which will be on prenups. Sign up for our future events to stay in the loop.