Cohabitation agreement lawyers & divorce solicitors
For cohabiting couples, there are specific things to consider when moving in together or buying a house
Our family lawyers are on hand to give you sound advice about cohabitation agreements
Cohabitation agreements
The law relating to non-married couples is very different. Indeed, many people believe that if they have been living with someone in a cohabiting relationship they may be regarded as a common law husband or wife. Common law exists in some countries, but not in the England and Wales. The concept of a “common law wife” is a myth. As lawyers we campaign for a change in the law to help cohabiting couples as we see regularly the injustices that cohabitees suffer from.
Those who intend to enter a cohabiting relationship should be aware of the legal differences between unmarried couples and married couples and they need to understand that they will not have the same rights upon separation.
If you are considering entering a cohabiting relationship, there are, however, steps that you can take to protect your financial position, such as making a cohabitation agreement.
A cohabitation agreement records the arrangements you make with your partner when you decide to live together. It covers your and your partner’s rights and responsibilities in relation to your new home, financial arrangements between you both, and what would happen if you decide that you no longer want to live together.
Such agreements are popular because they can avoid the stress and cost of a legal dispute further down the line if you and your partner split up and / or the cohabitation ends.
A cohabitation agreement can also be used to record ownership of valuable personal property, such as cars, furniture or art. Any items that you may both use and enjoy but are to be retained by the owner if the living-together arrangement ends.
Who can enter into a cohabitation agreement?
Cohabitation agreements are popular with people who want to formalise their financial and living arrangements both during cohabitation and in the event of the cohabitation coming to an end. They’re usually agreed by couples who have decided not to marry or enter into a civil partnership but have decided to live together.
They are also used by people who have decided to pool their financial resources and purchase a property to live in together. If purchasing a property together you should also consider other legal documentation in addition including a document called a Declaration of Trust which could record the shares each party has in the property.
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The pros and cons of a cohabitation agreement
Cohabitation agreements can be an extremely useful way to remove any doubts over property and assets when a couple move into together. They may seem unromantic, but they are a practical means to giving both parties peace of mind. On the flip side, there are one or two issues with cohabitation agreements that you should be aware of.
Pros
Cons
Conclusion:
Cohabitation agreements offer significant benefits such as avoiding costly legal disputes, maintaining financial autonomy, and safeguarding personal assets. They provide clear financial arrangements during and after cohabitation. However, there are drawbacks, including uncertainty about enforceability, potential expenses, and the risk of appearing unromantic or distrustful. Despite these downsides, the clarity and security provided by cohabitation agreements often outweigh the disadvantages.
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