Valentine’s Day is fast approaching and for some couples it will represent a new chapter in their relationship. Some couples may see the age-old day of love as the perfect excuse to suggest moving in together or to ‘pop the question’ and propose.

14 February is also a popular day to actually get married. Amid the romance and flowers, there can be important legal consequences flowing from these very personal decisions and it is important that these are not overlooked.

For those moving in together, there may be an impact on any property that one person brings into the relationship. If one party owns a property and a partner then starts to cohabit in that property, if contributions (financial or otherwise) are made in the belief that this is a jointly owned home, then this could give the non-owning person a claim to that property.

Simply contributing to utilities will not give an automatic right to a financial interest in the home, but if assistance is given towards mortgage repayments or refurbishments, then this could become problematic if the relationship breaks down.

If a couple decide to buy a property together, it will be important to record how the property should be owned. If unequal contributions are made to the deposit and/or mortgage repayments, then this should be properly set out at the point that the house is purchased. If both parties will be renovating or refurbishing a property, they should think about how this would affect their respective rights in that property.

Thought should also be given to how the daily expenses will be met; the way that a couple conduct their financial affairs can result in an inferred or imputed intention to change how the property is beneficially owned.

Litigation arising upon the separation of unmarried couples can be lengthy, complicated, and very expensive. Having a Cohabitation Deed or Living Together Agreement in place can assist in providing clarification in the event of a relationship breakdown.

While claims against cohabitees are far more limited than those of a spouse, the law is unsatisfactory and there is little certainty in outcome. The English legal system does not recognise a ‘common law marriage’ and this can result in one or both parties dealing with difficulty upon separation.

It is also helpful in assisting unmarried parents to know how their children will share their time between houses if the family separates and what financial provision the children should receive. With recent ONS statistics showing that more children are born outside of marriage than to married mothers, the role that Living Together Agreements play is becoming more important

If a couple decide to become engaged (whether on 14 February or not) they may wish to consider how a marriage will affect their circumstances. Upon marriage, spouses gain automatic rights against each other's capital, income and pensions. 

This represents a significant change to how assets are treated in the case of an unmarried couple. If one or both spouses have assets or wealth that has accrued outside of their relationship or marriage, then this should be properly protected; the best way to do so is with a Pre-Nuptial Agreement.

Protective documentation can set out how the parties intend to conduct their affairs and give clear indications as to financial provision throughout the relationship or division upon separation. The documentation should also set out when there should be a review of that documentation. 

If a couple believes that an agreement governing their financial relationship is required, it is crucial to be transparent as to respective financial positions and for both parties to have independent legal advice. Timing is also key, as the documents should always be negotiated and signed in good time before moving in together or upon marriage.

While protective mechanisms can be portrayed as cynical and unsavoury, they are gaining in popularity. There are more and more cases where Cohabitation Deeds and Nuptial Agreements are being negotiated and, if prepared correctly, they will provide the proper protection that is intended. 

Appropriate legal advice at an early stage should be obtained, as it can provide great support and assistance in the long run. Hopefully, such legal documents will be in place as an insurance policy and never need to be utilised, but in the event of future separation, it can save additional stress and cost.