Unmarried couples can get stronger legal rights than married couples

Couples living together but not who are  unmarried, can have equal rights should the relationship break down.

Cohabiting couples can sign a cohabitation agreement putting them in a stronger legal position than married couples with a pre-nuptial agreement, according to the Law Society.

Law Society President John Wotton explains: “Although the Government has chosen not to legislate to give cohabiting couples the same rights as married couples, couples can sit down with their solicitor and draft a cohabitation agreement which caters for all eventualities.

“Unlike pre-nuptial agreements for married couples, cohabitation agreements are recognised by the courts in England & Wales as being legally binding. It is not yet established that pre-nuptial agreements for married couples are binding in the courts.”

When drafting a cohabitation agreement, couples are advised to seek legal advice from their solicitor, especially when writing wills.

Houses, childcare, assets and property rights all need to be taken into account, the Society advices.