Cohabitation Agreement Solicitors
It is becoming increasingly common for couples to live together before they marry, with many deciding not to marry at all. Despite the nature of these relationships often being akin to a legal marriage, the law treats them very differently. Contrary to popular belief, no ‘common law’ rights are attached to a cohabiting relationship, and a ‘common law’ marriage is not a legally recognised concept. In other words there is no such thing as a “common law wife”.
As a result, if the relationship breaks down or a partner sadly dies, you may find yourself in the unenviable position of having no legal rights over the assets you considered to be jointly owned, such as the family home.
A Cohabitation Agreement provides a convenient way for cohabiting couples to document their intentions both during their relationship and in the event of separation. Our experienced Cohabitation Agreement solicitors will work closely with you to ensure your agreement accurately reflects your wishes and is drafted and executed properly so that it is legally enforceable.
For immediate assistance, please call us now on 01572 490 660 or complete a Free Online Enquiry.
You achieved what I asked you to do in an efficient manner. Communication from your office throughout was very good and everyone knew what was required of them.
Most importantly you offered a friendly service, and your work was most appreciated”.Mr H Oakham, Rutland.
What Is A Cohabitation Agreement?
A properly drafted Cohabitation Agreement, sometimes known as a Living Together Agreement, will clarify a couple’s rights and responsibilities in respect of their relationship and assets. Whilst it is common for Cohabitation Agreements to address how matters arising at the end of a relationship should be dealt with, they also provide an ideal opportunity to clarify issues such as next of kin rights and the payment of day-to-day living expenses.
Cohabitation Agreements evidence a couple’s intentions and minimise the scope for disagreement over the issues it covers both during the relationship, and if it ends. This, in turn, ensures that matters can be resolved amicably and reduces the risk of them becoming acrimonious.
When Can A Cohabitation Agreement Be Entered Into?
It is sensible to enter into a Cohabitation Agreement before you start living with your partner to avoid issues later. You can, however, enter into a Cohabitation Agreement at any stage of your relationship.
What Can Be Included In A Cohabitation Agreement?
Cohabitation Agreements provide couples with the freedom and flexibility to stipulate how their relationship and assets should be managed. Whilst you are, in theory, at liberty to include ‘rules’ and expected ‘standards of behaviour’ in a Cohabitation Agreement, you would be ill-advised to do so; such matters would be difficult to convey in the agreement, undermine its efficacy and probably be unenforceable in any event. Instead, use a Cohabitation Agreement to address pertinent issues such as –
- ownership of the family home
- how assets should be divided if the relationship ends
- next of kin rights
- how pre-owned assets are to be dealt with
- childcare arrangements should the relationship break down
- payment of bills and other household expenses and how contributions to them should affect the ownership of assets such as the family home
- protection of the economically weaker party in the event of a split – by way of maintenance payments, for example
- liability for debts
- how pensions are to be dealt with
Are Cohabitation Agreements Legally Binding?
As long as a Cohabitation Agreement is properly drafted and fulfils the relevant legal criteria, it should be legally binding on the couple. Our Cohabitation Agreement solicitors have vast experience in preparing Cohabitation Agreements. We will ensure that the terms of your agreement are clear and unequivocal and that all legal criteria are met. Such criteria include that both partners have taken independent legal advice, there has been full and frank financial disclosure, they are both fully aware of the terms and effects of the agreement and that it has been properly executed.
How Can Cohabitation Solicitors Help?
Our Cohabitation Agreement solicitors are specialis family law solicitors and have a wealth of experience in helping couples prepare legally enforceable, effective Cohabitation Agreements. Our expertise enables us to assist clients on both a legal and practical level. We will not only ensure the agreement is legally watertight and accurately reflects your wishes, we will also use our experience to point out matters you may have overlooked or make suggestions as to how specific issues might best be dealt with.
We will meet with you at our offices, another location convenient to you or online, and ensure we fully understand the issues of importance to you, and your priorities, from the outset. We will then proceed to prepare a Cohabitation Agreement based on your instructions, our suggestions and all relevant legalities. Your Cohabitation Agreement can be amended as your circumstances change; if, for example, you have a child, career change or receive a considerable financial inheritance. Cohabitation Agreements should be reviewed every few years to ensure they take account of changes in circumstances and the law.
Our policy is always to provide first-class legal advice in the most cost-effective way. We are open and transparent when it comes to billing and will provide regular cost estimates, updates and breakdowns.
Call James on 01572 490 660 or complete a Free Online Enquiry today to arrange a meeting to discuss your family concerns and find out what your options are. As a lawyer with over twenty years’ experience, a trained mediator and collaborative lawyer he will provide you with peace of mind. After the meeting you will have the help and support to enable you to move forward confidently.
Thank you very much James for your courteous, caring and professionalism. Your advice was very helpful and your empathy throughout was exemplary.
Mrs T, Stamford, Lincolnshire