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01 overview

How our cohabitation dispute solicitors can help

Whether you're a cohabiting couple or just sharing a property, we're here to support you with top-notch legal advice. Our team of cohabitation dispute solicitors can help with everything from reviewing agreements to representing you through court proceedings. Here's how Lawhive can help:

Providing clarity on your rightsOur solicitors can help clarify your legal rights and where your stand. Legal advice will acknowledge both parties' position and their rights and responsibilities. Your solicitor can help clarify relevant laws and find ways to offer greater financial security when cohabiting.
Drafting cohabitation agreementsA cohabitation dispute solicitor can help draft cohabitation agreements . These agreements cover financial and practical issues. They outline each partner’s responsibilities in terms of assets, which can lead to fewer disputes if a break-up occurs down the line. The cohabitation agreement will specify the terms of asset division, property rights and financial contributions.
Enforcing cohabitation agreementsIf a separation does occur, a solicitor can enforce the agreement to ensure both parties will uphold their responsibilities. A solicitor can also help draft a declaration of trust which defines the interest each partner has in the property. This will help clarify how the equity is split when a property is sold and ensure the partners both get their fair contribution.
Representing clients in court Your cohabitating solicitor can also act as representation if the dispute goes to court. They can also arrange mediation and negotiate with the other party if necessary. They will work to make sure there is a fair outcome for both parties. This is often the step that is taken when property or financial disputes can’t be resolved independently. The court can enforce the agreement and ensure a fair outcome.
Negotiating settlementsA solicitor plays an important role in negotiating settlements between cohabiting partners. They can value the property and assets and look at contributions from each member of the couple. They can work out a fair division of property, assets and any financial responsibilities. This can help to make sure that both individuals are responsible financially and can be used if court action is taken.

Why choose Lawhive for a cohabitation dispute solicitor?

We don't believe getting legal help should be difficult. Our network of licensed family solicitors are on hand to give fast, affordable legal advice. Here's why you might prefer Lawhive over a traditional law firm:

  • Specialist knowledge in cohabitation law: We work with a network of lawyers across the UK and can connect you with the right specialist for you. Your solicitor will have expert knowledge of cohabitation law and how to resolve unique disputes.
  • Affordable legal advice: With Lawhive, you'll get a fixed fee quote with no obligation to commit. That means you won't pay by the hour and you won't get any nasty surprises. Plus, on average, we're up to 50% cheaper than a high-street law firm.
  • Confidential, caring support: Our solicitors understand that family law can be sensitive and challenging. They'll handle cohabitation matters with the upmost compassion and kindness throughout.

Common types of cohabitation disputes

The rights and laws around cohabitation are different to that of a married couple. That also means the types of disputes differ too. No matter the dispute, our team of expert solicitors will help find a legal resolution that works for you. Here are some of the main disputes that arise between cohabiting partners:

Property ownership and division

One of the main disputes that can arise is when a property is shared between cohabitors but only one partner is the registered owner. Property solicitors can look at reviewing agreements and contributions around ownership to clarify each of the cohabitor’s rights.

They can help draft a declaration of trust which is a legally binding document and can be put in place before purchasing. It can record the financial arrangement of a property which can help in cohabitation situations and stop disputes further down the line. They can also arrange court proceedings if necessary to resolve cohabitation property disputes.

Financial contributions and shared assets

Disputes over shared assets and financial contributions require legal advice and guidance. Whether it’s household expenses or property improvements, the share of contributions can cause debates. Solicitors will look at the contributions of both parties and work on a cohabiting settlement that is fair and accurate. They can help to find equitable resolutions which will look at the needs of both parties to make a fair and just decision on financial contributions.

Inheritance and beneficiary rights

For cohabiting partners who do not have the same rights as married couples, there can be challenges when it comes to inheritance. They can face no financial support or inherited property when their partner dies. This is particularly common if there is no will in place so no clear benefactor.

Solicitors can help to make arrangements such as creating a will or a cohabitation agreement prior to death. This legal agreement can make the wishes clear of both parties. It can help clients secure financial protection such as arranging for beneficiary rights with pensions and insurance.

Children and custody arrangements

When there are issues relating to children when cohabiting partners separate, child custody solicitors can help to resolve those issues. They can help with gaining visitation rights and the terms of the financial support arrangement. They can set up negotiations with the other partner and discuss legal action if necessary to secure better financial support.

Costs and solicitor fees involved

Cohabitation disputes can vary and no two cases are the same. With Lawhive, you'll get a personalised, free, fixed-fee quote before you get started.

Fees for drafting agreements

When it comes to drafting a cohabitation agreement, there are particular fees you might expect. Within your quote, you might need to pay for:

  • A consultation to outline each partner’s rights and responsibilities
  • The drafting of the agreement and tailoring it to your specific needs
  • Any revisions that are needed and any further investigations required
  • The signing of the agreement and finalisation to ensure it is a formal, legally binding document

For dispute resolution, there are also several services involved. You might typically need to pay for:

  • Any negotiation that is required where the solicitor will represent you. They can also take part in mediation and these are normally charged per session
  • The time that a solicitor has spent on the case such as assessing agreements and working on gathering proof of
  • If the case is taken to court, there will be fees for the litigation. The solicitor will represent the client during the court

Cohabitation dispute resolution process explained

No two disputes are the same. Our team of legal experts will provide you with a tailored strategy and timelines that work for you. For a snapshot of what this might look like, here are the most common steps in the resolution process:

1. Initial consultation

The dispute resolution process will begin with your solicitor assessing your situation. This will help them to clarify the responsibilities and rights of the cohabiting couple. They'll conduct an initial consultation which will let them review any existing cohabitation agreements in place or declarations of trust. They can also make a rights assessment which will clarify the rights of the client and what their obligations are.

2. Drafting or reviewing a cohabitation agreement

The next step might be for the solicitor to draft a cohabitation agreement. The cohabitation agreement will protect both partner’s interests and help to prevent any disputes. For example, it might outline a fair amount for the contributions both parties have made during the partnership. This could be a property or assets that the couple share.

3. Negotiation and mediation

Your cohabitation dispute solicitor might suggest negotiation or mediation. This can help the cohabiting couple to resolve disputes peacefully and amicably (without going to court). Typically, this involves a neutral third party who will guide the parties on the best course of action. These processes are both used to help find a resolution without taking the costly next step of court intervention.

4. Court representation

If negotiation does not lead to an agreement, your solicitors will represent you in court. They can present the evidence to prove the contribution. They can also present the cohabitation agreement to show the legally agreed rights of both parties (which the court can enforce).

5. Final settlement and follow-up support

The solicitor will then put in place what has been agreed, whether that is a mediation outcome or court action. They can help to make sure this goes to plan and discuss potential follow-up actions such as an appeal if required.

Whether you're looking to buy a property or secure your assets for the future, legal advice is essential in cohabitation cases. Solicitors are also key when there are cohabitation disputes. They can help to find a solution that works for both individuals to make sure there's a fair outcome.

Lawhive can provide quick, affordable cohabitation dispute advice. Whether that's drafting a cohabitation settlement or arranging a mediation session, our team are experts in providing a strategy that works best for you.

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