Cohabitation and Pre and Post Nuptial Agreements

Cohabitation Legal Advice in East Sussex and Kent

Living with another person, or sharing a property lease is commonplace, be it with a partner, family members, friends, or a business associate.

One of the key factors so often overlooked is what happens if things don’t go to plan – and you could find yourself in a precarious situation if you haven’t made a mutual agreement.

Although there are some rights and entitlements to draw upon under English Law, unfortunately, cohabitating people are not eligible for automatic shared property ownership rights in the same way as a married couple, if only one partner’s name is shown on the property deeds.

While there are routes to establishing ownership rights, this can be a time-consuming, costly, and stressful experience – and so thinking about cohabitation legalities is a worthwhile investment!

Elaine Parkes Cohabitation Legal Services

The Elaine Parkes Solicitors teams work from our hubs in Hastings, Brighton and Tunbridge Wells, with clients across the South.

We assist many different people with negotiating the terms of a cohabitation settlement or putting a fair agreement in place as a contingency for any future changes of circumstances.

Clients include:

• Cohabiting partners.
• Families that are cohabiting with children.
• Business partners with shared property.
• Any other family dynamic with a communal property ownership scenario.

Whether you have decided to move in with a partner, or are keen to establish your mutual ownership share in a property to which you both contribute financially, there is never a bad time to think about the future and put assurances in place.

Often, a cohabitation agreement is raised at a significant moment in your relationship, such as getting married or having children.

However, we can help at any point in time, whether you have been living together for a few days or many years.

Our teams work on every aspect of cohabitation documentation, or disputes, including:

• Creating equitable cohabitation agreements on a mutual basis.
• Resolving disputes concerning a cohabitation disagreement.
• Applications under the Trust of Land and Appointment of Trustees Act 1996.

Professional Advice with Cohabitation Disputes

In some situations, where there has not been a cohabitation agreement in place before a separation, disputes can arise.

The Elaine Parkes teams in Hastings, Brighton and Tunbridge Wells can assist, with professional, experienced representation to help all parties come to a fair and agreeable resolution.

Should you have a claim to ownership rights of a property that you have previously cohabited, but are not named a legal owner, we can advise on your eligibility to apply through the Trust of Land and Appointment of Trustees Act 1996 to recoup your financial benefit in a property.

We understand that such disagreements can take a toll, and our aim is to provide straightforward, clear advice to help you make informed decisions about the best courses of action.

When discussing the options for dispute resolution, our solicitors will always seek the most expedited options open to us, be that through mediation, arbitration, or through a formal application via the British court system.

For confidential, friendly advice from a team of local cohabitation experts, get in touch with Elaine Parkes Solicitors on 01424 883183.