Personal Law > Family > Cohabitation Agreements for unmarried couples

Cohabitation Agreements for unmarried couples

Whilst Cohabitation Agreements are not legally binding, if the document has been formally drafted, it can be helpful persuade the court in any subsequent disagreement. Foys team of specialist family lawyers can help you create a legal agreement that clarifies what happens to the assets, property and children if the relationship comes to an end or if a partner dies, providing security for both partners in the future.

temp

What is a cohabitation agreement?

A cohabitation agreement is, for the most part, a record of what you own and how everything will be shared or divided. All couples who live together but aren’t married can benefit from such an agreement, even if they have only been together for a short time. When couples split up, it can become difficult to remember who purchased what, who has contributed more towards the rent or mortgage, and there may be disagreements about who will continue living at the property. It can also be hard to prove which personal or sentimental items belong to which partner. In the case of a cohabitation agreement, these matters would already be clearly defined. Signing a cohabitation agreement can be as romantic as a married couple signing a marriage certificate during a wedding ceremony. In a similar way, committing yourselves as a cohabiting couple on paper is a significant moment. It’s practical too, as it protects your rights as it would benefit a married couple, enabling you to reduce conflict and stress should some unfortunate events happen in the future.

What to include in your agreement:

Your cohabitation agreement should clearly define who owns what in the home and how the property is split. Contents, personal belongings, bank accounts, debts and major or joint purchases should all be included. You should be clear about who will continue living at the property if the relationship ends; this is particularly important if you have children. You will also need to include details about any additional financial support that will be provided for your children beyond basic legal requirements.

The cohabitation agreement does not have to just be about what happens in the event of a breakdown – it can also define how your finances work as a couple, such as who pays for particular household expenses and how you want to split joint bank accounts. This can help avoid general arguments and make sure both of you know exactly what your responsibilities are on a day-to-day basis.

TESTIMONIAL

"I am very grateful for the advice and support I received from From Foys Solicitors. Jayne Kirtley provided clear, professional, and well-considered guidance regarding my divorce proceedings."

Sam

FAQ'S

You may have heard a phrase like ‘common law marriage’ used before, and many people assume this applies to a cohabiting couple, granting them similar rights to a married couple after living together for a significant period of time. In reality, there is no such thing as common law marriage, and terms like ‘common law spouse’ have no legal definition. Your rights as a cohabiting partner are not the same as that of a married partner, and you will not have much legal protection if your relationship ends. For example, you will not have a claim to property unless your name is on the deeds, and you may not get a say in your child’s upbringing. The only solution for couples who live together to get legal protection in case of a relationship breakdown is to marry or enter into a partnership – or write up a cohabitation agreement, also known as a living together agreement. Such an agreement can help resolve a lot of the issues which may otherwise arise during relationship problems or a split.
MAKE AN ENQUIRY