Cohabitation agreements are becoming an increasingly common phenomenon, whereby couples live together on a long-term basis without ever getting married. People presume that if they have been living with a partner for a few years, they become ‘common law husband and wife’ and have the same rights as married couples. However, this is not the case, ‘common law marriage’ simply does not exist.
Married couples and civil partners enjoy significantly more legal protection than couples living together and although cohabitating couples do have more rights than they used to and things are still changing, many cohabitees leave themselves highly vulnerable should their relationship fail.
What Is a Cohabitation Agreement?
A cohabitation agreement sets out the ownership of your existing assets, including your home, what your financial responsibilities are, and how savings will be distributed, should you decide to end your relationship.
Why Should I Enter Into a Cohabitation Agreement?
Entering into a cohabitation agreement can give you and your partner peace of mind that if your relationship comes to an end, you both know who gets what. It gives each party a clear understanding of what their financial commitments are.
It can prevent disputes and emotional distress, which is especially important where children are involved, as both parties know what they will walk away with. If you do not have an agreement in place and the relationship ends, you will be left to organise the division of assets during an already challenging and sensitive time.
A cohabitation agreement will protect both parties in the event of a relationship breakdown. It can be reviewed and amended to ensure up to date protection of the couple’s assets and money.
What Should Be Included in a Cohabitation Agreement?
The contents of a cohabitation agreement will depend on your individual circumstances. There are a few key elements that you may wish to include, such as:
- Property
- Household bills
- Bank accounts and money
- Assets such as furniture and cars
- Payment of debts
- Mortgage payments
- Pets
Our highly experienced and friendly team can advise you on the contents of your cohabitation agreement to ensure your best interests are protected. Both parties must seek independent legal advice to ensure they understand what the agreement covers.
What Is the Difference Between a Marriage/Civil Partnership and Cohabitation?
The law does not recognise a relationship in a meaningful way unless the couple is married or has entered into a civil partnership.
If a married couple divorced or there is a dissolution of a civil partnership, both partners have a legal right to their share of the couple’s assets as well as maintenance. These rights are not extended to couples that are cohabiting, regardless of how long they have been together or if they have any children.
Currently, the only way for couples to gain legal protection in the event of a breakdown is to be married, in a civil partnership or to have entered into a cohabitation agreement.
If you are considering entering into a cohabitation agreement and do not yet have a will, this may also be something you wish to consider. If you are not married or in a civil partnership, you will not automatically inherit each other’s assets – this needs to be written into a will.
How Do I Make a Cohabitation Agreement?
Our vastly experienced family team have helped many couples to draw up agreements that are individually tailored to their specific requirements.
They pride themselves on ensuring that your best interests are protected if you were to end your relationship and to provide peace of mind for whatever your future holds.
