In 2012 there were 5.9 million people cohabiting, living together, in the UK, double the 1996 figure (source – Office for National Statistics).
This makes cohabitation, living together, the fastest growing family type in the UK. Rubin Lewis O’Brien offers a range of specialist services designed to support you if you choose to live together with your partner without getting married.
Whilst cohabitation is increasing in popularity, it is important for a couple to understand their rights.
So, what is cohabitation? It is living with someone who is not your spouse. This is different to living with friends, although a cohabitation agreement could still apply. Learn more here.
We advise on
- Pre-Nuptial Agreements – although they are not currently enforceable under the Law of England and Wales when properly drafted they can be persuasive evidence in Court if the Agreement is disputed.
They outline what would happen in the event that your relationship fails such as what happens to bank accounts, how property and other assets are to be divided and lots more.
- Cohabitation Agreements – this works in a similar way to a Pre-Nuptial Agreement. It can set out arrangements for payment of bills, outgoings and division of assets in the event of a breakdown in your relationship.
- Trusts of Land and Appointment of Trustees Act 1996 (generally shortened to TOLATA) – Rubin Lewis O’Brien can advise on the operation of TOLATA and represent you in Applications made to the Court and prepare Applications to the Court.
TOLATA governs the interest you may hold in a property even if it is not in your name (or is held in joint names between you and another) and the powers of the Court in respect of the property and allows Courts to Order a sale of a property and determine the respective interest in the property.
