Cohabitation barristers for unmarried couples.
Counsel for separating cohabitants on the home, provision for children and arrangements for the children, instructed directly under Public Access or through your solicitor.
Cohabiting couples are the fastest growing family type in England and Wales, yet the law gives them far less protection than married couples or civil partners. There is no common law marriage. However long a couple have lived together, and whether or not they have children, a separating cohabitant has no automatic right to maintenance, a share of pensions, or a fair division of property.
What a cohabitant can do is rely on property and trust law to establish a share in a home, claim financial provision for children under Schedule 1 of the Children Act 1989, and apply to the family court about where the children live and how they spend time with each parent. These claims often need to be run together, by counsel who understands both the civil and the family side.
Clerk&Counsel introduces independent barristers with that combined experience. We match your case to counsel with the right seniority and availability, and every fee is agreed in writing before any work starts.
What a separating cohabitant can claim
The home is usually the main asset. Where it is in joint names, it is presumed to be owned equally unless one party proves a different intention. Where it is in one name, the other party needs to show a common intention that they should have a share. These claims are brought under TOLATA in the civil courts.
Where there are children, Schedule 1 can provide a home for the child during their minority, lump sums for items such as a car or furniture, school fees and maintenance above the Child Maintenance Service limits. Schedule 1 is especially important where one parent has substantial income or assets.
If a cohabitant dies, the survivor may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975, provided they lived together for at least two years immediately before the death or were being maintained by the deceased.
Common cohabitation instructions
- Claims to a share of the home after separation
- Defending claims by a former partner
- Schedule 1 claims for housing and lump sums for children
- Child arrangements, specific issue and prohibited steps orders
- Occupation and non molestation orders
- Drafting and reviewing cohabitation agreements
- Disputes over jointly owned businesses and rental properties
- Inheritance Act claims by surviving partners
Protecting yourself before things go wrong
A cohabitation agreement and a declaration of trust are the best protection for unmarried couples. Properly drafted, a declaration of trust over a home is usually conclusive about the shares, and an agreement setting out what happens to other assets is generally enforceable as a contract.
Counsel can advise on the terms, review an agreement drafted elsewhere, or advise on whether an existing agreement will be upheld if challenged. For couples buying together, this is money well spent at the outset.
What it costs to instruct counsel
Every fee is fixed and agreed in writing before work begins. Written advice typically costs between £750 and £2,000 plus VAT depending on the volume of papers and the complexity of the issues.
Court attendance is where most of the cost lies. In most cases you should expect at least £1,000 for counsel to attend a hearing, with longer or contested hearings priced per day once the evidence and bundle are known. Hourly rates are available for ongoing advisory work, but most clients prefer the certainty of fixed fees for each stage.
It is free to send Clerk&Counsel an enquiry. If you instruct a barrister through us, a Clerk&Counsel service fee of up to £150, depending on urgency, applies and is shown separately from the barrister's professional fee before you decide.
Clerk&Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. Barristers instructed through us are independent practitioners regulated by the Bar Standards Board and are responsible for the legal services they provide.
Specialist areas within this practice.
- Cohabitation Barristers Leeds
Counsel for cohabitation cases in Leeds and West Yorkshire.
- Cohabitation Barristers Manchester
Counsel for cohabitation cases in Manchester and Greater Manchester.
- Cohabitation Barristers Liverpool
Counsel for cohabitation cases in Liverpool and Merseyside.
- Cohabitation Barristers Newcastle
Counsel for cohabitation cases in Newcastle and Tyne and Wear and the North East.
- Cohabitation Barristers Sheffield
Counsel for cohabitation cases in Sheffield and South Yorkshire.
- Cohabitation Barristers York
Counsel for cohabitation cases in York and North Yorkshire.
- Cohabitation Barristers Hull
Counsel for cohabitation cases in Hull and East Yorkshire and the Humber.
- Cohabitation Barristers Preston
Counsel for cohabitation cases in Preston and Lancashire and Cumbria.
Need cohabitation counsel?
Send us a short summary. We will come back with suitable barristers and fixed fee quotes.
Common questions.
Is there such a thing as a common law wife or husband?
No. Cohabiting couples have no automatic financial claims against each other on separation, however long they have lived together.
Can I claim maintenance for myself?
No. You may be able to claim maintenance, housing and lump sums for your children under Schedule 1 of the Children Act 1989.
What if the house is only in my partner's name?
You may still have a share if you can show a common intention that you would, usually through contributions or clear discussions, and that you relied on it.
Should we sign a cohabitation agreement?
It is strongly recommended, particularly when buying a home or where one of you is contributing substantially more.
Can I instruct a barrister directly?
Yes, under Public Access where the case is suitable.