Times Are Changing for Cohabitees
Division of assets on the breakdown of cohabitation is not a well-regulated area of law. It is possible to agree how matters should be dealt with in advance by a Cohabitation Agreement but for couples to be that prudent is the exception rather than the norm.
The historical position has been that absent the equivalent of the ancillary relief structure within divorce the matter has been governed by black letter property and trust law. Times are changing though. The recent Judgement in the Supreme Court case of Jones v Kernott opens the door on the Court’s willingness to ‘impute’ intentions to the parties in some circumstances. That is an indication that the law in this area will develop. Unfortunately while it is developing there may be even more uncertainty.
My view is that couples should agree the basis of their expectations from cohabitation and in particular what they want to happen if the relationship does not work out. It is prudent planning to avoid uncertainty and contention.
If you wish to discuss the relevance of a Cohabitation Agreement to your circumstances, please email me or give me a ring.
Mike Dyer
Partner
Private Client Team