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Cohabitation is now the fastest-growing type of family arrangement in England and Wales. More couples are choosing to live together without marrying or entering a civil partnership. However, the law has not developed to match these social changes. When cohabiting couples separate, many discover they do not have the same rights as married couples, and this can come as a shock at an already difficult time.

More couples than ever are choosing to live together without marrying or entering a civil partnership. Cohabitation is now the fastest-growing family arrangement in England and Wales. Despite this, the law has not kept pace with social change, and unmarried couples are often surprised to discover they have far fewer rights than they expected. The widely held belief in a “common law marriage” is a myth. Simply living together, regardless of the length of the relationship, does not give cohabitants the same rights as married couples.

When couples decide to separate, one of the most common concerns is how finances, property, and childcare arrangements will be managed while they live apart. A separation agreement is a written contract that sets out the terms of your separation in clear and legally recognised language. Although not strictly binding in the same way as a court order, a properly drafted separation agreement can carry significant weight if later scrutinised by a court, particularly if it has been entered into voluntarily and both parties have had independent legal advice.

Cohabiting couples are the fastest-growing type of family in England and Wales. Despite this, the law has historically offered them far fewer protections than marriage or civil partnership. Unlike spouses, cohabitants do not automatically acquire rights to property, pensions, or maintenance on separation. This lack of recognition has often left many people in vulnerable financial positions. Although reform has been discussed, cohabiting couples remain without the same rights as married couples. Until change is introduced, couples should be aware of what the law currently provides and how they can take steps to protect themselves.

A Form D11 is used in divorce, dissolution or separation proceedings where one party wishes to make an application between hearings. As a general application notice, the form can be used for a wide variety of applications, making it an essential tool in the proceedings as a case develops.

A Form C100 is used to apply to the court for an order relating to a child. This could be a Child Arrangements Order, a Specific Issue Order, or a Prohibited Steps Order. If you need to make an urgent application for an order relating to a child, the Form C100 contains a specific section where this request can be made, and the reason for the urgency explained. It’s important to follow the correct procedures to ensure that your case is considered promptly, particularly in situations where the safety or well- being of the child is at risk.

Form H is a costs estimate form used in financial remedy proceedings. It must be filed and served by each party before each hearing. The form provides a total of the costs incurred up to the date of the hearing as well as the expected future costs if settlement is not reached. It is an important checking exercise as it ensures that both parties, and the court, are clear about the scope of the legal fees involved, allowing these to be considered in the context of the case at hand.

A Form C1A is an important document in children proceedings. It is used in cases where allegations of harm, domestic abuse, or other risks to a child or themselves are raised by a party. By providing detailed and accurate information, the form ensures that the court can make informed decisions regarding safeguarding as part of the case.

A Form E1 is a financial statement used for financial disclosure in specific family law proceedings in England and Wales. It plays a critical role in ensuring transparency and fairness in those applications. The form is designed to provide a comprehensive overview of an individual's financial circumstances, enabling the court to make informed decisions regarding the financial arrangements if the parties cannot reach an agreement directly.