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19 May 2008

The Law Society is warning that too many unmarried couples are unaware of their rights.

Many cohabiting couples wrongly assume they have the same rights as married couples, the society says, which could cause difficulties regarding children, houses and inheritance if the couple split or one person dies.

Law Society president Andrew Holroyd states: "Before you choose the colour scheme of your new home, consider your legal rights. Long term cohabitation is a regular feature of modern day life."

He pointed out that in cohabiters only the mother has automatic responsibility and that many cohabiting couples mistakenly believe that if the house is in one person's name the other has automatic rights to proceeds from its sale or to inherit it if the other person dies.

The Law Society is advising anyone who cohabits to take legal advice from a solicitor on what rights they have, where they stand on all manner of situations and how to make their position more secure.

Cohabitation contracts are one way to secure a couple's arrangements, setting out in advance what each partner expects during the relationship and if they split up or one person dies.

Although they are only honourable agreements alongside pre-nuptials and not legally binding, they can offer some peace of mind.

Last summer the Law Commission recommended the introduction of a new scheme of remedies for cohabitants.

It said the existing law is "uncertain and expensive to apply" and "often gives rise to results that are unjust".

Sue Andrews, partner and head of the family practice, explains: "A formal cohabitation agreement may be regarded as unromantic.

"However, an agreement or contract which sets out clearly both partners' expectations during the relationship if one of them dies or if they split up can actually sustain that relationship by seeking to provide peace of mind to both parties."

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