Cohabiting couples do not have the same legal rights as married couples when it comes to relationship breakdown. However, there are still claims that cohabitees can make on relationship breakdown. It is important to understand what rights and claims you have as a cohabiting couple, in order to protect yourself and your assets. Here are some things to consider:
1. Property Claims
Cohabiting couples do not have the same property rights as married couples. However, if you have lived together for a significant period of time, you may be able to make a claim on the property that you lived in. This claim is known as a “common law” or “cohabitation” claim. This can be a complex area of law, and it’s important to seek legal advice from a divorce lawyer Sydney if you’re considering making a claim on a property.
2. Financial Claims
Cohabiting couples do not have the same financial claims as married couples. However, if you have made financial contributions towards the property or household, you may be able to make a claim for a share of the property or assets. This can include things like paying the mortgage, contributing to household expenses, or making improvements to the property.
3. Maintenance Claims
Cohabiting couples do not have the same maintenance claims as married couples. However, if you have been financially dependent on your partner, you may be able to make a claim for maintenance. This can include things like rent or mortgage payments, utility bills, or other living expenses.
4. Children Claims
Cohabiting couples do not have the same rights as married couples when it comes to children. However, if you are a parent, you will still have rights and responsibilities towards your child. This includes things like financial support, care arrangements, and decision-making.
5. Pensions Claims
Cohabiting couples do not have the same pension rights as married couples. However, if you have made contributions to your partner’s pension, you may be able to make a claim for a share of the pension. This can include things like pension credits or pension savings.
It is important to note that laws and regulations around cohabitation and separation can vary from state to state, and it’s always best to seek legal advice from a divorce lawyer to understand your rights and claims in your specific situation.
It is also important to note that it is always best to try to reach an agreement amicably, if possible, rather than going to court.
As a cohabiting couple, your rights and claims in the event of a relationship breakdown are not the same as a married couple, but you still have rights and claims. It is important to understand what these rights and claims are, in order to protect yourself and your assets. If you are considering separating from your cohabiting partner, it is highly recommended to seek legal advice from a divorce lawyer to understand your rights and claims in your specific situation.
