How Will the New Cohabitation Regulations Affect Me?

There is a frequent misconception that the legal system automatically provides some form of protection should a relationship breakdown and the parties are living together; this is simply not true.

There is more protection for a couple who have been in a civil partnership for two years than a couple who have cohabited for twenty years or more.

Parliament is currently looking to address this imbalance.  Couples who live together for more than two years will be able to make financial settlement agreements, claim maintenance from each other and have a legitimate expectation to be provided for in their partner’s Will.  Couples can however elect to not be covered by this legislation.

The bill is still with the House of Lords at the moment, but will start in Scotland in 2010 first before being implemented in England and Wales. To protect yourselves at this stage parties should have a deed of trust regarding the home they reside in and a pre-civil partnership agreement to govern their assets.