Why You Need a Cohabitation Agreement

You have reached the point in your relationship where you have decided to move in with your partner – an exciting time for both of you as you embark on the next step in your relationship. Perhaps you own your property, and your partner is now moving in with you. Or perhaps you are moving into your partner’s property and will start making significant contributions towards the household bills. It may even be that you have opened a new joint bank account together to pay the bills.

It is likely that the last thing you want to think about is what happens if your relationship breaks down. Or what would happen if your partner died and how the law would protect you. You may well assume there will be a law that protects your interests. However, the law does not provide the same level of protection to cohabitating couples as it does to those who are married or in a civil partnership. It does not matter how long you have been living together, a common law marriage is a myth.

That is why it is so important that cohabiting couples consider a Cohabitation Agreement. It makes clear what should happen in the event of a relationship breakdown or death and explains what your intentions are so there is no confusion. This kind of agreement can be made at any stage – it can be entered into by couples who are already living together as well as those who are about to move in together for the first time. It is highly likely you have already worked out how living expenses and the day-to-day running of the household are or will be paid – so why not extend that discussion so that you are safeguarding both of your interests?

It is important to know that a Cohabitation Agreement does not stop you from getting married or entering into a civil partnership at any point in your relationship. It can also be amended as circumstances change. Of course, it is hoped that your relationship does not break down while you are living together. But if it does, having a Cohabitating Agreement in place will help reduce uncertainty and resentment at an already precarious, emotional, and difficult time.

Having an agreement in place could save you money in the future as any dispute may well result in court proceedings which can often be lengthy and costly. The cost can be as little as £500 (+VAT) for a straightforward Cohabitation Agreement where the arrangements are reasonably simple. However, please note that if your property and financial circumstances are more complex, the cost of your Cohabitation Agreement will reflect this and would be charged on an hourly rate basis.

Interested in finding out more about a Cohabitation Agreement? Simply contact us today and we will ask you to complete and return our questionnaire so we can advise as to where your case is likely to fall in the cost bracket. At Hawkins Family Law we are here to provide expert advice and draft the Cohabitation Agreements on your behalf to protect all aspects of your assets, property, income, and capital.