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Cohabitation - Frequently asked questions

• What is a common law wife?
• What happens if a cohabiting couple separate?
• How can a Cohabitation Agreement help?
• Are Cohabitation Agreements legally binding?

What is a common law wife?

There is no such thing as a “common law wife”. Surprised? so are most people when they hear that. People who live together usually only have an interest in the property or assets owned by their partner if it is legally in joint names.

What happens if a cohabiting couple separate?

When a cohabiting couple separate it is not the same as two people getting divorced. The Law treats cohabiting people very differently. Even if one partner has made financial contributions it does not guarantee that this individual will acquire any interest in the asset that they have been contributing towards.

How can a Cohabitation Agreement help?

A Cohabitation Agreement is a document that can clearly set out who owns what share of an asset. The document would clearly set out what the parties have agreed and amongst other things it will:

• Clearly define the couples individual financial responsibilities within the relationship.
• Set out what interest each partner has in the other's assets and what should happen if the relationship comes to an end.

Are Cohabitation Agreements legally binding?

These agreements cannot be 100% binding. However, if a Court had to be become involved upon the breakdown of a relationship the document is clear evidence of what the couple intended at the time the document was signed. The agreement would carry weight with any Judge being asked to make a decision about how the assets of a couple should be divided.