Planning on cohabiting rather than marrying your partner? You would not be alone: a recent census has confirmed that more people are living together, rather than marrying. In fact the number of people cohabiting has doubled in the last ten years.

A recent poll showed that over 70% of people interviewed were unhappy with this situation, and expressed the view that couples who live together should enjoy the same rights as married couples.

Marriages in Britain are now at their lowest level since 1917 and our divorce rate is the highest in Europe. A quarter of all children are now born to cohabiting families. This change in society has not yet been recognised through coherent law reform despite many proposals, Law Commission reports etc.

Socially the phrase "Common Law Wife" is often heard. Don’t be fooled into thinking you are protected by a "common law" which in reality does not exist. The truth is that cohabitees have virtually no claim on property they share with their partner, no claim to their partner’s pension right, and no right to occupy a house owned by their partner. Any claims that might exist are often based upon complex Land and Trust laws, with lengthy Court battles the end result.

The family law team at CLM, have seen a significant increase in the number of cohabitees who consult us. Commonly most concerns centre on the family home: we have lived together for over 10 years, I have nowhere else to go, can I stay in the house? Am I entitled to a share of its value? Do I get any compensation for the money I have spent over the years of our relationship? Often the answer is - No.

It is possible for couples to enter into a Cohabitation Agreement to define what they want to happen if the relationship ends. However like pre-nuptial agreements, there is some reluctance to "pop the question" over sorting out housing, and financial issues early on.

However, Cohabitation Agreements don’t need to be signed before couples start living together: an agreement can be signed at anytime during the relationship, although sooner rather than later are the watch words. Couples can wait until they are sure, and then define what arrangements they wish. The golden rules however are to ensure that an agreement is signed before couples purchase a property together, or part with any substantial capital.

To start things off with a common understanding, a Cohabitation Agreement makes sense, and encourages clear thinking about the future. To await for specific legislation, or that right moment, may be too late.