Moving in with a significant other is undoubtedly an exhilarating phase in a relationship.
However, it carries certain legal intricacies, especially when you aren’t married.
This act of living together is termed ‘cohabitation’.
While cohabitation can seem like a simple arrangement, the lack of a legal framework can have potential ramifications, particularly when cohabitation mixes with divorce.
(Read Time: Approx. 3 minutes)
Topics Discussed:
- Exploring the effects of cohabitation on spousal maintenance payments.
- The distinction between cohabitation and remarriage in divorce settlements.
What Exactly is Cohabitation?
In simple terms, cohabitation refers to unmarried couples who share a home.
These couples usually possess fewer legal rights than those who are married or in civil partnerships.
Consequently, the absence of marriage leaves these individuals with minimal legal protection if the relationship dissolves or if a partner passes away.
Protecting Your Interests: Cohabitation Agreements
One way to fortify the rights of cohabitating couples is through a cohabitation agreement — a legally binding document.
It essentially charts out the distribution of finances, properties, and provisions for any minor children in cases of separation, illness, or death.
Acquiring such an agreement can significantly enhance your legal protection.
To secure one, you’ll need evidence of cohabitation, such as joint leases or bills.
How Divorce Proceedings View Cohabitation
When the complexities of divorce come into play, cohabitation can have an interesting role.
For instance, if a spouse begins to cohabit before the divorce is finalised, it doesn’t always influence maintenance payments, asset divisions, or rights unless explicitly stated in court orders.
Historically, the Matrimonial Causes Act 1973 treats cohabitation as a determining factor when examining the needs and resources of the former spouse’s new partner.
In essence, if the new partner has a modest financial stature, their finances might not undergo scrutiny.
However, if they have significant assets or a considerable income, their financial situation may influence maintenance payments.
A Glimpse into a Significant Case: Atkinson v Atkinson (1988)
To shed light on how the court view cohabitation in the context of divorce, let’s examine a case.
In Atkinson v Atkinson (1988), the wife, shortly after a settlement, moved in with her cohabitant.
The husband pursued a reduction in the maintenance he was required to pay.
Though he achieved a 25% reduction, the Court of Appeal emphasised the significance of not equating cohabitation with remarriage.
The court believed that further reductions could inadvertently push the wife into a financial predicament.
Cohabitation’s Impact on Children’s Arrangements
If children are involved in a divorcing couple’s scenario, cohabitation can further complicate matters.
Introducing a new partner in the children’s lives can strain their relationship with the biological parent.
Nonetheless, the courts primarily adhere to the principles set out in the Children Act 1989, prioritising the child’s well-being and maintaining ties with both parents’ post-divorce.
The myriad of cases revolving around cohabitation and divorce underlines that the circumstances surrounding cohabitation can influence divorce settlements and maintenance.
Therefore, if you find yourself navigating the complexities of cohabitation or divorce, seeking expert legal advice is crucial.
Conclusion
Navigating the ins and outs of cohabitation and divorce can be complex.
Having a clear cohabitation agreement in place is crucial, offering both clarity and protection for all involved.
This is where expertise matters. At Solicitor.Divorce, our experienced team is dedicated to guiding you every step of the way, ensuring your interests are always at the forefront.
Remember, in matters as important as these, having a trusted legal partner like Solicitor Divorce can make all the difference.
Contact us using the form here to know more. Alternatively, call us on 01772 282768