Are you a common law Husband and Wife?
In recent years, many people have chosen to live together ('cohabit') rather than marry. Many believing they have the same financial claims if they separate as they would if they divorced. They feel protected, believing they have the status of being a "common law husband or wife” and they have assumed rights. However, this is untrue.
There is no such legal status as "common law” husband or wife and co-habitants financial claims are far more limited than that of divorcing spouses.
The law in this area is complex and confusing. Therefore, it is imperative to have specialist Family Law advice, ideally before commencement of co-habitation. You can then be advised as to how is best to protect your position, which might possibly include setting out a cohabitation agreement.
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