Specialist expertise in family financial matters

Cohabitation Advice

Living together without being married or in a civil partnership is increasingly common, but the law does not treat cohabiting couples in the same way as married couples. This often comes as a shock when a relationship ends or when one partner dies.

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Experienced in advising unmarried couples

At Ridley & Hall, our family law team has particular expertise in advising unmarried couples. We provide clear, practical and compassionate advice to help you understand your position, protect your interests, and resolve disputes as constructively as possible.

There Is No Such Thing as a “Common Law Marriage”

Many people believe that living together for a long time or have children together creates automatic legal rights. Unfortunately, this is not the case currently in England & Wales.

Cohabiting couples have very limited legal protection, particularly when it comes to property, finances and pensions.

Taking early advice can make a significant difference to outcomes, both during a relationship and if it later comes to an end.

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Cohabitation Agreements

A cohabitation agreement (sometimes called a living together agreement) is a written agreement that sets out how finances and property will be dealt with during the relationship and if it ends.

A well-drafted agreement can:

Record who owns what at the outset
Set out how mortgage payments, bills and living costs are shared
Confirm what should happen to the family home if you separate
Protect inheritances or family contributions
Reduce uncertainty, conflict and legal costs later

Cohabitation agreements are particularly important where one partner is contributing more financially, where there are children from a previous relationship, or where property is owned in one name only.

Our solicitors will ensure any agreement is tailored to your circumstances, clearly drafted, and properly executed so it carries maximum weight if relied upon in the future.

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Separation Agreements

If your relationship has already come to an end, a separation agreement can help you record what has been agreed about finances, property and ongoing arrangements.

A separation agreement may deal with:

Ownership or sale of the family home
Division of savings and other assets
Responsibility for debts
Arrangements for ongoing payments

We can advise you on whether a separation agreement is appropriate in your situation and ensure it accurately reflects your intentions.

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Property Disputes - Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)

Where cohabiting couples cannot agree about property ownership following separation, it may be possible to apply to the court under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

TOLATA claims typically arise where:

A property is owned in one partner’s sole name
There is disagreement about beneficial ownership
One partner claims a financial interest based on contributions or shared intentions

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Examples of when a TOLATA claim may arise

One partner moves into a property already owned by the other and contributes to the mortgage or major renovations, but their name is never added to the title.
A couple buy a property together but later disagree about what shares they each own following separation.
One partner gives up work or uses savings to support the household, believing this will give them a long-term interest in the home.

These cases are complex and often heavily evidence based. We will help you understand:

Whether you have a potential claim
The strengths and risks of your case
The most appropriate way to resolve the dispute, including negotiation, Non- Court Dispute Resolution such as mediation or court proceedings

Where possible, we aim to resolve disputes without litigation, but we are experienced in robustly pursuing or defending court applications when necessary.

Financial Provision for Children – Schedule 1 Children Act 1989

For unmarried parents, financial claims for children are dealt with separately from property disputes. An application can be made to the court under Schedule 1 of the Children Act 1989.
Schedule 1 applications can include claims for:

Housing for a child while they are dependent
Lump sum payments
School fees and other educational costs
‘Top up’ maintenance and expenses relating to a disability
Additional financial provision where appropriate

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Examples of Schedule 1 claims

A primary carer seeks provision for suitable housing for themselves and a child where the parents never married and do not own property together.
A lump sum is requested to meet specific costs such as a car, furniture, or school related expenses for a child.
An application is made for help with private school fees or additional costs where one parent has significantly greater financial resources.

These applications focus on the needs of the child, rather than financial sharing between parents. We have extensive experience advising both applicants and respondents in Schedule 1 cases, and we will guide you through the process with sensitivity and clarity.