The rights of unmarried couples who live together have been debated for some years, but there is still little progress in terms of ensuring that the rights of unmarried couples are the same as those that are married. If you are an unmarried couple who live jointly within the same house, you may be thinking about obtaining a co-habitation agreement. These legal documents give you much more legal rights and protection than you would have if without it.
How Do You Get a Co-Habitation Agreement?
If you are looking to get a co-habitation agreement, you should speak to a lawyer who can help to advise you on the legalities of the agreement in terms of your individual situation, answer any outstanding questions that you may have, advise on you on the next steps to take, and help you to create your agreement. Thomas Boyd Whyte specializes in family legal help and can help to provide support for those seeking a co-habitation agreement through their professional team of solicitors and lawyers. If you are unsure about making an agreement, you should also consider seeking out a legal advisor who can help to discuss the next steps with you and how this will affect your personal situation.
What is a Co-Habitation Agreement?
A co-habitation agreement is a document that helps unmarried partners to establish certain legalities when it comes to the joint ownership of property and other assets. It can also include children. This document will be used if the relationship breaks down to establish what should happen to the assets that were owned as a couple. These should be drawn up before you move in together to ensure that this document is ready for any issues who may have during your tenancy.
What Rights Does It Give You?
Although the rights of unmarried couples have been a matter of debate in recent years, your co-habitation agreement can give you equal ownership of any property, joint bank accounts or savings accounts that are in both of your names. These rights extends to your children, meaning that one party can make monetary claims against the other partner in order to get financial assets to support their children. This agreement will also allow you to make claims in order to receive a child maintenance fund on a monthly basis. However, partners are still able to force one or the other to leave the house through a separate order against them, and the mother of the children will have custody over them if you separate.
What Happens If You Marry or Separate?
If you separate, unless otherwise stated, each party will receive an equal amount of the property and its assets, including half of any joint savings account. If one person owns the property outright, the other may still have to apply in a separate claim to take any of the assets from the property. If you decide to marry, then your agreement will be abandoned, or you may choose to adapt this agreement to protect your assets and state your intentions for the future.
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