KNOW MORE ABOUT COHABITATION AND SEPARATION AGREEMENT SOLICITORS SERVICE
What is a Cohabitation Agreement?
For unmarried couples who decide to live together, it is a good idea to agree in a legal document known as a Cohabitation Agreement who owns what, how household bills will be met, how the assets will be divided and what arrangements will be made to support the children in the event of the relationship breaking down.
The Family Law team at Sweeney Miller are experienced in dealing with a wide range of issues when unmarried couples split enabling them to draft a comprehensive Cohabitation Agreement that covers most eventualities, avoiding problems in the future.
What is a Separation Agreement?
If there is no Cohabitation Agreement already in place, then the most straightforward way of dealing with an unmarried split is through a Separation Agreement. This is a legally binding agreement that sets out how your property, assets, together with any debts will be dealt with and can include certain arrangements for the children.
As there can be complex family issues and assets to consider, it is important to get specialist advice from a family law solicitor. The Family lawyers at Sweeney Miller regularly advise on all aspects of Separation Agreements, helping to negotiate the fairest result that enables everyone involved to move on with their lives.
Unmarried couples and property
If there was no Cohabitation Agreement, the Trusts of Land and Appointment of Trustees Act, sometimes known as ToLATA, gives Courts the powers to help resolve disputes between unmarried couples who own property together when they split.
Whilst the Court can order a sale of the property, who can live there or clarify the share of the property, it cannot change a pre-existing Declaration of Trust in place which confirms the ownership or the proportion of the property each of the couple owns. Our Family team can help you navigate the complex issues surrounding unmarried couples and property, taking steps to avoid Court if at all possible.
Sweeney Miller also has a separate conveyancing team who can deal with the sale of any property following an unmarried split.