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Cohabitation Agreements

// Family Law; Living Together

Unlike married couples, cohabiting partners don’t automatically have legal rights to each other’s property or assets.

I support many unmarried couples living together to resolve their differences and put in place fair settlements, also known as a cohabitation agreement. This ensures peace of mind for the couple knowing that if things don’t work out, they have a plan in place to resolve any financial differences

Co-habitation agreements

Divorce & Separation

Marital Agreements

// Family Law - Living Together

What is a Cohabitation Agreement?

A cohabitation agreement is a legal document designed for unmarried couples who live together. It sets out the rights and responsibilities each partner has during the relationship and in the event of a separation.relationship and in the event of a separation.

Clarifies financial responsibilities and property rights, reducing potential conflicts during the relationship or if it ends.

Provides legal protection for both partners, ensuring fairness and peace of mind.

Strengthens the relationship by fostering open communication and mutual understanding of expectations.

Why is a cohabitation agreement Important?

For unmarried couples, a cohabitation agreement offers a sense of security. It’s not about expecting the worst but rather planning for all possibilities. While it’s easy to think that splitting up will be straightforward, the reality is often different. Disagreements over finances, property, or even pets can become contentious.

// Family Law - Living Together - Happily

The law doesn’t automatically protect cohabiting couples in the same way it does married ones. Without a cohabitation agreement, you might find yourself in a legal grey area, with little recourse if things go wrong.

Cohabitation Agreements Aren't Complicated and Expensive to Create

I offer fixed-fee services for drafting these agreements, making it accessible for most couples. The process doesn’t need to be overwhelming, either. I will guide you through each step, explaining everything in plain English.

I can help ensure that the agreement covers all necessary aspects while keeping it simple and clear.

Cohabitation Agreements Aren't Just for the Wealthy

Many people mistakenly believe that cohabitation agreements are only necessary for those with significant wealth or assets.

This simply isn’t true. Regardless of your financial situation, a cohabitation agreement can provide peace of mind by clarifying expectations and responsibilities.

Consider a young couple who have just moved in together.

They may not own much now, but they plan to save for a house and build a life together.

Without a cohabitation agreement, disagreements over financial contributions or shared purchases could lead to tension down the line.

A simple agreement can help outline how they’ll share expenses and what will happen if they split up, protecting both parties regardless of their current financial status.

The key point is that a cohabitation agreement isn’t about wealth—it's about fairness.

It’s a practical tool that helps ensure everyone’s interests are respected, no matter what their financial situation looks like.

Cohabitation Agreements Aren't About Doubting Relationships

Another common misconception is that creating a cohabitation agreement suggests you expect the relationship to fail. This couldn’t be further from the truth. In fact, many couples find that discussing and setting up an agreement strengthens their relationship.

A cohabitation agreement is about mutual respect and planning for the future, whatever it may hold. By addressing potential issues before they arise, couples can focus on their relationship without the underlying worry of what might happen if things don’t go as planned.

Imagine a couple who have been together for a few years. They both work hard, share living expenses, and have even talked about starting a family. By creating a cohabitation agreement, they’re not anticipating a breakup—they’re ensuring that if life takes an unexpected turn, they’ll both be protected. This foresight can actually make the relationship stronger, as it removes the uncertainty that often leads to stress and conflict.

Ultimately, a cohabitation agreement is an expression of care and responsibility. It shows that you value your relationship enough to ensure that, whatever happens, both partners will be treated fairly and with respect. Far from being pessimistic, it’s a sign of a mature and thoughtful partnership.

Cohabitation Agreements Aren't Complicated and Expensive to Create

It’s easy to assume that drafting a cohabitation agreement must be a complicated and costly process, involving endless legal jargon and hefty legal fees.

However, this misconception often prevents couples from considering an agreement when it could be straightforward and affordable.

In reality, cohabitation agreements can be tailored to your specific needs and budget. Many lawyers offer fixed-fee services for drafting these agreements, making it accessible for most couples. The process doesn’t need to be overwhelming, either. A good barrister will guide you through each step, explaining everything in plain English.

For example, a couple might worry that their situation is too complex—perhaps they have children from previous relationships or own property together. While these factors do add detail, they don’t necessarily make the agreement more complicated. A family barrister can help ensure that the agreement covers all necessary aspects while keeping it simple and clear.

Remember, the purpose of a cohabitation agreement is to prevent future complications, not create them. By investing a little time and money upfront, you can save yourself from potentially costly disputes later. And when both partners understand what’s at stake, they can approach the agreement with confidence, knowing it’s a practical step towards protecting their future together.

// Family Law - Cohabitation Agreements

But What About Common Law?

There’s a widespread belief that living together for a certain number of years automatically gives you rights similar to those of a married couple. This idea is often referred to as “common law marriage.” However, in the UK, this is a myth.

Under UK law, there is no such thing as common law marriage. No matter how long you’ve been living together, you don’t automatically acquire the same rights as married couples.

This means that if your relationship ends, you could find yourself in a difficult position, especially regarding finances and property.

For example, if your partner owns the home you’ve shared for years and your name isn’t on the title or mortgage, you could have no legal claim to it. Similarly, if you’ve been contributing to household expenses but haven’t formalised this in any legal document, recovering your share could be challenging.

A cohabitation agreement fills this gap by providing legal clarity and protection. It allows you to outline exactly how assets, property, and responsibilities will be handled during the relationship and in case it ends.

This way, you’re not left vulnerable due to the misconception of common law marriage.

Arlene Small

Specialist Family Barrister

// Family Law

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Remember, it’s better to address these issues proactively. By creating a cohabitation agreement with the help of a barrister from Family Law Answered, you can ensure that both partners are treated fairly, with clear legal standing.

// Family Law Answered - Cohabitation Agreement FAQs

What exactly is a cohabitation agreement?

A cohabitation agreement is a legal document that outlines how you and your partner will handle finances, property, and responsibilities while living together. It also details what should happen if the relationship ends. It’s designed to protect both partners and provide clarity, avoiding disputes over shared assets.

Do we really need a cohabitation agreement if we trust each other?

Yes, trust is important, but a cohabitation agreement is about protecting both partners fairly. It’s not about expecting the relationship to fail; it’s about making sure that if circumstances change, both of you are covered. Think of it as a practical step to prevent misunderstandings in the future.

Is a cohabitation agreement legally binding?

If it is drafted properly and both partners have received independent legal advice, a cohabitation agreement can be legally binding. I can ensure your agreement meets all legal requirements, and is given due consideration if the matter ends up before a court.

How much does it cost to create a cohabitation agreement?

The cost can vary depending on the complexity of your situation. However, Family Law Answered offers fixed-fee services, making it affordable for most couples. Investing in a cohabitation agreement now can save you from potentially costly disputes later.

Can we change the cohabitation agreement if our circumstances change?

Absolutely. A cohabitation agreement isn’t set in stone. You can update it if your circumstances change, such as buying property together or having children. It’s advisable to review the agreement regularly to ensure it still reflects your situation accurately.