As we enter a post COVID-19 era, the question we have asked ourselves is – have solicitors seen an increase in cohabiting relationships as a direct result of the pandemic? Perhaps a more interesting question that I regularly consider is, has the COVID-19 pandemic acted as a relationship accelerant? You may have found yourself living with your partner during the pandemic which may not have been the case if lockdowns had never been imposed. For many couples, this may also have been a lot sooner in their relationship than expected. Assuming you are in still in that co-habiting relationship, you may wish to consider the legal status of your relationship and any legal consequences arising from it. Although this may not be the kind of conversation you envisaged having with your partner when first moving in together, we would suggest that this is an important consideration for any couple living together.
At Johnson Legal, we can assist with these considerations. Legal rights arise as a result of a co-habiting relationship and subsequently, financial legal claims can arise at the end of such a co-habiting relationship. These claims are set out in the Family Law Act and in addition, Common Law claims may also arise. You and your partner can enter into a legal agreement called a Pre-Nuptial Cohabitation Agreement after you commenced your cohabitation to address such potential future claims. The agreement is a straight forward document for a solicitor to draft. The purpose of such an agreement would be to set out the relevant financial matters between you and your partner in the relationship. Its purpose is to effectively “ring fence” your assets and property which may be impacted in the event of the relationship coming to an end. Whilst you may have heard stories at the “water cooler” that such an agreement is “not worth the paper it’s written on”; it is more accurate to advise that it does not contract you out of the Family Law Act and those financial claims that you potentially have in the event of your separation. It does however provide you with specific clauses which form the binding contract between you and your partner stating that you both accept that the purpose of the agreement is to “ring fence” the assets in the agreement from any future claims. This agreement is persuasive to any court and as such, it’s worthwhile creating an agreement with your partner, rather than not doing it at all.
Our team of solicitors have extensive experience with Pre-Nuptial Cohabitation Agreements and have a track record for ensuring you get what you need from your agreement.
At Johnson Legal we can assist you to ensure you are protected before, during and after any cohabiting relationship. For advice, contact us now on 0131 622 8477 for a free initial consultation with one of our solicitors or fill out our enquiry form here and we’ll get back to you.
