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How to advise unmarried, cohabiting couples

  • Explain how rights of a married couple compare to a cohabiting couple
  • Explain how property ownership is determined in a separation
  • Explain how a cohabiting agreement is drawn up
CPD
Approx.30min

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It is important to note that cohabitation agreements on the other hand are not legally binding and thus not enforceable.

The uncertainty about whether the terms of an agreement can be upheld and enforced by the court is another reason why there needs to be changes in the law in the UK to reflect today’s society and that agreements regulating finances and property affairs between cohabitees should be protected and enforced. 

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Charlotte Coyle is a senior associate at Goodman Derrick 

CPD
Approx.30min

Please answer the six multiple choice questions below in order to bank your CPD. Multiple attempts are available until all questions are correctly answered.

  1. Ture or false, unlike some EU countries, the law in the UK does not acknowledge the rights of a cohabiting couple.

  2. If there is a dispute regarding how the property is dealt with upon separation, and a settlement cannot be reached either through negotiation or alternative dispute resolution (ADR), the route to any resolution will likely be an acrimonious and costly one as they have to pursue their claim through the:

  3. True or false, if an unmarried/cohabiting couple separates, one thing to remember is that neither of them automatically acquires a legal interest in assets, including property, held by the other regardless of how long they have lived together.

  4. What does ‘beneficial interest’ mean when it comes to division of property assets for co-habiting couples who are separating?

  5. Under what circumstance is the partner who is not the legal owner of the property more likely to acquire a ‘beneficial interest’ in it?

  6. What is NOT one of the terms mentioned by Charlotte Coyle that can be drawn into a cohabitation agreement?

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You have successfully answered all the questions correctly, well done!

You should now know…

  • Explain how rights of a married couple compare to a cohabiting couple
  • Explain how property ownership is determined in a separation
  • Explain how a cohabiting agreement is drawn up

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