Cohabitation and Schedule 1 Claims
Living together without being married or in a civil partnership is increasingly common, yet the legal framework has not kept pace with modern relationships. A widespread misconception is that cohabiting couples acquire rights akin to marriage over time. In reality, English law does not recognise “common law spouses”, meaning that cohabiting partners do not benefit from the same legal protections on separation.
At Proudmans, we have extensive experience advising individuals in this complex and often misunderstood area. We regularly act in cases involving disputed property ownership, beneficial interests and financial claims arising from cohabitation, many of which requirecareful navigation of trust and property law principles. Our focus is on providing clear, strategic advice at what is often a highly uncertain time.
Our
Approach
We understand that cohabitation cases often sit at the intersection of legal complexity and personal sensitivity. Our role is to bring clarity to that complexity, offering practical, commercially focused advice while remaining attentive to the wider context. Whether you are seeking to protect your position at the outset or resolve issues following separation, we guide you with a clear strategy for achieving the best possible outcome.
Services
Planning ahead
Early advice is key. We work with clients to put in place cohabitation agreements that clearly define how assets are owned and how finances should be managed during the relationship and in the event of separation. These agreements can provide certainty, reduce the scope for dispute and protect both parties’ interests.
Resolving disputes
Where relationships break down, disagreements can arise quickly, particularly in relation to property and financial contributions. We are experienced in resolving these disputes through negotiation and, where necessary, litigation. Our approach is thorough and evidence-led, ensuring that your position is properly advanced and protected.
Children and financial provision
Although cohabiting partners cannot pursue the same financial claims as spouses there are important routes available to secure provision for children. We have particular expertise in claims under Schedule 1 of the Children Act 1989, including successfully representing unmarried parents and young adults seeking financial provision for housing, education and maintenance. These cases often arise in more complex or higher value circumstances and require careful strategic handling.