Cohabitation Agreement Lawyers

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. This is not the case and that is why it is so important to 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.

There are several advantages to having a Cohabitation Agreement in place:

• Clarity and Certainty: A cohabitation agreement sets out clear expectations and responsibilities, reducing the potential for misunderstandings and disputes.
• Financial Security: It ensures that both parties have a clear understanding of their financial rights and obligations, which can be particularly important if one partner is financially dependent on the other.
• Protection of Assets: The agreement can specify how property and assets will be divided if the relationship ends, protecting both parties’ interests.
• Peace of Mind: Knowing that there is a legal framework in place can provide peace of mind and reduce stress in the relationship.

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. We advise all unmarried couples who live/ plan to live together to consider entering into a Cohabitation Agreement to provide clarity and stability. Our team of family law solicitors can help advise you as to what it is important to include and what does not need to be covered within the document. It can also be amended as circumstances change.

The cost of drawing up Cohabitation Agreements will vary depending upon the complexity of the terms and assets involved. 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.

A Cohabitation Agreement can save a great deal of time, money, and stress. Given that cohabiting couples do not have the same legal protections as married couples, a cohabitation agreement provides a clear, legally binding document that can prevent disputes and protect both parties’ interests. In addition, discussing and agreeing on these matters in advance can strengthen the relationship by ensuring both partners are on the same page regarding financial and personal responsibilities.

Cohabitation Agreements are legal contracts that are entered into by the cohabiting couples. The legal rights of a cohabiting couple upon a relationship breakdown are very different to those who are married. For example, one cohabitee cannot claim a share of the other’s pension or ask the other for maintenance to assist with their own costs of living – only for those of a child of the family – whereas a spouse is entitled to make such claims.

When you buy a house with a partner it is also advisable to think about the legalities, such as what would happen if one of you were to die? What would happen if you separated? It is also advisable to consider entering into a Declaration of Trust setting out ownership of property, particularly if one of you is making a greater contribution to the purchase price.

Because of the potential difficulties there are if a cohabiting couple separate, we always recommend looking at whether a Cohabitation Agreement would be appropriate to clearly define how the assets are held and what will happen should the relationship not work out.