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Is there such thing as a common law spouse?

Cohabiting couple

It is a mistaken belief that if you and your partner begin living together as an unmarried couple you automatically become common law spouses.   

This type of relationship is not legally recognised under English law and does not bestow the same rights and responsibilities to the parties as that of a married couple.   It is therefore important that you consider this when making plans as to how you and your partner will make decisions in relation to ownership of any property or assets or the costs of meeting household costs or payment of any liabilities as a couple. 

One option is to consider entering into a Cohabitation Agreement to record the financial agreements between you, to ensure that there is a clear understanding of how these matters will be approached whilst you continue to live together.

It is also a good idea to make sure that you obtain legal advice if you are intending to purchase or make a contribution towards the purchase of a property, to ensure that your investment is recorded appropriately.  Again, this will ensure that there are no disputes down the line should you decide to sell the property and/or separate. 

At Jordans, we have extensive experience in representing clients in relation to divorce, children and financial matters. We are able to offer a free consultation to provide you with initial advice and an estimate of the likely costs of your case.  

Please contact our Family Team to arrange an appointment on 0300 300 1103.  We have branches in Dewsbury, Horsforth, Selby, Wetherby and Wakefield. 

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