Need help with your Separation?

TL;DR: Setfords is here to support you during your Separation, ToLATA Claims, Schedule 1 applications & any cohabitation disputes.

Many couples live together without marrying or forming a civil partnership, often under the misconception that they have the same rights as married couples. However, simply living together does not grant you ‘common law spouse’ status, and your legal rights remain very different. In fact, there are no automatic entitlements upon separation or death, which can put both you and your assets at significant risk.

Our experienced cohabitation solicitors are here to help you navigate the complexities of cohabitation. We can provide expert guidance on your legal rights, draft cohabitation agreements, and prepare wills to protect your future.

What is a Cohabitation Agreement?
A cohabitation agreement is a legally binding document made between cohabiting partners. It sets out arrangements covering various scenarios for when you live together, if you separate, or if one partner becomes ill or dies.

It differs from a declaration of trust as it can go into more detail than just matters relating to a property purchase. Some of the aspects a cohabitation agreement can cover include:

• Finances
• Children
• Property

What is a Cohabitation Dispute?

When sharing a property, whether with a partner, friend, or family member, disputes can unfortunately arise. This most commonly occurs when cohabiting partners decide to separate, and one person wishes to sell the property while the other doesn’t. 

These disputes can be minimised by ensuring that you set clear expectations from the outset. This can help each person know where they stand regarding their entitlements when the property is sold, and what happens if one person wants to sell while the other doesn’t.

What is ToLATA?

TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996, a UK law that deals with disputes about property ownership and interests in land.

It is most commonly used when unmarried couples separate and disagree about who owns a property or what share each person is entitled to.

Because unmarried couples do not have the same automatic legal protections as married couples, TOLATA provides a way for the court to determine each person’s rights in the property. 

What is a Schedule 1 to the Children Act 1989 application?

A Schedule 1 application is a legal claim made to the court for financial provision for a child. It is most commonly used when parents are not married or were never in a civil partnership, but one parent needs financial support from the other to help meet the child’s needs.

The application is made under Schedule 1 of the Children Act 1989, which allows the court to order financial support for a child beyond standard child maintenance.

If you have need help with any of the above please reach out today to one of our expert solicitors.