Divorce Versus Cohabitation

By Author: James Walsh
Total Articles: 68
Comment this article

People in this mechanical world expect a stress-free and commitment-free life, which may be possible through cohabitation. If a man and a woman like each other, then they can lead a life without any rituals such as marriage, and there is no compulsory legal formality to fulfil, before opting for cohabitation. In the same way, if the cohabitated couple want to separate that can be done without any hassles and legal interference. Many statistics from leading research organisations reveal that there will be much increase in the number of cohabitating couples in the UK.

Divorced people are also feeling very much comfortable with cohabitation. The couples who have decided to lead a life together without getting married will enter into an agreement, which is known as cohabitation agreement. The agreement will consist of the property rights of the couples, the financial arrangement which they have agreed to make and implement, child care and dealing with debts. This agreement is necessarily signed between the couple, just to make clear the financial commitments, in order to avoid ...
... any disputes in the future.

The agreement should clearly elucidate the couple's contribution to and rights over the property. The ownership of the movable and immovable property they brought together, and the proportion of sharing the property between them should be mentioned in the agreement. The major pitfall of cohabitation is that the cohabitating couples will not get the same rights as the married couples. The laws on marriage and cohabitation are very much different. Married couples will always have an advantage of claiming the legal rights over the property and belongings, whereas the cohabitating couples are not allowed to claim any of the things unless the Will of their partners specifies their share. If the couples decide to dissolve the partnership, they can also share the property like married couples, but the disagreement and conflict would be more in the case of a cohabitating couples' separation due to absence of legal guidelines.

If the cohabitating couples have children, then the situation would be even worse. Unless the father's name is mentioned in the birth certificate of the child, he cannot claim any rights over them. There would be a great difficulty for the fathers to access their children after separation. While starting a new lease of life with someone, one might not think of the small issues such as who is going to pay the telephone bill, current bill and the rent of the house. However, over a period of time, it would put the burden on a person, who is not clear about the terms while preparing a cohabitation agreement.

In the UK, cohabitation is well recognised by the people. Especially, the younger generation is very much involved in cohabitation; as a result, the number of marriages is also declining. Before entering into cohabitation, it is a must for the couples to get a cohabitation agreement. It would be viewed by the courts as binding contracts between the unrelated parties. The agreement will give due protection to both the parties from any disputes that might arise in the future, if the relationship breaks down. The agreement is a means by which the partners can be aware of the situation regarding the ownership of the property, personal belongings and other assets.

Internet is the best source to get a cohabitation agreement. Many online service providers have emerged to offer quick and affordable services to the people. They provide continuous support to the people and offer legally binding assurances to their clients. They will draft the agreement after hearing the wishes and instructions of the clients, which will reflect their circumstances. These firms would hire experienced solicitors, to ensure that the agreements prepared by them are mistake-free. One can get the agreement without any strain, through the internet. The clients should fill up the questionnaire posted on the website and should clarify all the queries raised by the firms. By completing this simple process, one can download the agreements straightaway.

James Walsh is a freelance writer and copy editor. For more information on getting a Divorce see http://www.quickie-divorce.com