Cohabiting Couples splitting up
MAINTENANCE
There is no obligation in law for cohabitants to pay maintenance to each other. Only children have maintenance rights.
The court cannot ‘tuck in’ extra maintenance for you if you are the parent with whom they live. The only way in which you could get maintenance would be if your former partner were prepared to pay it to you voluntarily.
If you can make such an agreement, you could record it in a legal deed and, if properly drawn up, could be enforceable in a court. If you do decide to do this, then you need to take legal advice.
If you had a living together agreement that was drawn up as a deed and includes a promise to pay maintenance if you split up, then this, too, should be enforceable.
There is a popular belief that if you have lived together for a particular period of time (two years is often quoted) you get maintenance rights but this is not the case – there is no such thing as a common law wife.
Consult the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email law@rhplaw.co.uk.
