Cohabiting couples often think they have the protection of being a 'common law' husband or wife. The fact is that if you aren't married or in a civil partnership, you have virtually no protection in law and you may need a cohabitation agreement to protect your future.
A cohabitation agreement is a written contract that determine how you and your partner will manage things like finances and property. It can cover how things like mortgage or rent payments will be split between you, as well as how you intend to manage financial and property assets if you should separate.
Cohabitation agreements may not seem the most romantic thing to do when you decide to live with your partner, but they can help you to avoid conflicts over money matters during your relationship as well as establishing fair terms if you should separate, without the emotional pressure.
What can a cohabitation agreement include?
Cohabitation agreements are designed to set out how you and your partner intend to handle money and property assets during your relationship. They cannot include things such as child arrangements, financial support after a breakup, or what happens to joint assets if your partner passes away.
Typically, cohabitation agreements should cover things such as:
The legal shares you both have in any property
How any shared businesses will be dealt with
How debts will be settled
How shared savings will be split
How mortgage and other property costs will be paid
How any property acquired during the relationship will be split
Who has custody of any family pets
How adjustments to pension schemes will be made
What temporary arrangements will be put in place while you deal with your separation
Does a cohabitation agreement stand up in court?
While judges are usually happy to be guided by them, cohabitation agreements aren't absolutely binding in law. This means it is possible for the courts to go against what has been agreed in a cohabitation agreement, though where agreements are deemed to be transparent and fair to both parties, it is far more likely the judges will uphold your decisions.
To protect you both as fully as possible, our cohabitation agreement solicitors are also able to draw your cohabitation agreement up as a formal legal deed if you wish to make it more formal.
What are my rights as a cohabitant?
A large number of people believe that when you've lived together for a few years, you become a 'common law' spouse, with the same rights as married people. The fact is that if you aren't married or in a civil partnership, the law doesn't accord cohabiting couples any specific rights over property, pensions or savings as examples.
This means that if, for example, one of you owns the property you live in while you are together, the other party has no clear legal claim on the property if the relationship ends, even if they have contributed equally to household costs for many years. The same applies to pensions, savings, and investments, as these will generally remain the property of the person whose name they are in.
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint.
C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf.
J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued.
B L (family and personal matters case)
Why choose Slater and Gordon’s cohabitation agreement solicitors?
Our family law team has received recognition and numerous accolades from the legal industry. We are ranked in the independent legal directory Chambers and Partners, and many of our team are recognised in the Legal 500.
We are proud members of Resolution, an organisation of family justice professionals committed to promoting a constructive approach to family issues and have office nationwide so we’re able to bring our expertise to your doorstep.
We are an award-winning law firm and have a dedicated team of family solicitors to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We offer affordable, expert legal advice on divorce and child arrangements. Book a consultation for clear guidance and next steps. Our assessment helps you understand your situation and make informed decisions. Consultation charged at £150 for 45 minutes.
Tailored advice
We understand that family situations differ – so we are able to provide tailored advice and guidance to suit your individual needs.
Local access
We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
Frequently asked questions about cohabitation agreements
Do I need a solicitor for a cohabitation agreement?
While cohabitation agreements aren’t legally binding in themselves, a court will take them into consideration should you or your partner use them during a separation. Therefore, it is strongly recommended that you speak to a specialist cohabitation agreement solicitor for legal advice before signing an agreement.
How much does a cohabitation agreement cost?
The exact cost of a cohabitation agreement will depend upon how much negotiation and legal advice is required. Our separation agreement solicitors can provide you with expert insight and specialist advice during a 45-minute initial consultation for just £150 (inc. VAT).
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint. C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf. J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued. B L (family and personal matters case)