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Do You Need The Help Of A Divorce Solicitor If You Are Cohabiting?

By Jo M Robinson

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Republish: EasyPublish
Published: 12Jun2011
Word count: 1000
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For years there has been a lot of misconceptions surrounding cohabitation. Couples who have lived together as man and wife for years, and who may have expected to inherit if their partner dies before them, have discovered that they have no such rights. As any divorce solicitor will tell you, one of the reasons that civil partnerships were introduced for gay couples was the need for some provision of rights if one partner died.

In many cases women who have been referred to as the 'common law' wife of their partner, find that legally and medically, they have no rights and are not regarded as the next of kin of the deceased person. If you are not clear about your legal and financial position you should get help from a divorce lawyer who will be able to explain the difference between divorce law and cohabitation issues. Common law husband and wife is not a legal term and unless it is explicit in your partner's will that any property and assets should go to you, you will not have automatic rights to a shared home and assets. If you can prove that you made a significant financial contribution to the home, you may stand more chance of keeping it, but don't assume that your rights are automatic as they would be in marriage or in a civil partnership.

Government has tried to address the problems faced by cohabiting couples but as yet there has been nothing codified in law. No matter how long a couple may have lived together, they do not have legal claim to that partner's assets, as they would if they were legally married or in a civil partnership. Your divorce solicitor will tell you that making a claim on a partner's capital and pension, and even remaining in a shared home, can be made easier with a living together or cohabitation agreement.

A divorce solicitor will be able to tell you how living together or cohabitation agreements may help you. If you are living as man and wife and there are children of that relationship, then it may be easier for you to make a claim on your partner's estate if there is no will. Having a cohabitation agreement from the outset detailing what should happen to the assets of either one of you, should make it easier for you to claim against their estate.

Discover about Divorce solicitor and divorce laws as well as other legal services effectively and for very reasonable prices at our website http://www.flintbishop.co.uk

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