Our cohabitation lawyers specialise in helping couples understand the implications of living together and potential future separation through comprehensive cohabitation agreements.
A cohabitation agreement is a formal, written agreement between partners who live together.
It can detail how the property is owned and what happens to the assets if the relationship ends. In addition, the document can cover practical arrangements such as, financial contributions to the mortgage and bills.
Cohabitation agreements can be particularly helpful if one party has made a greater financial contribution.
Having a cohabitation agreement in place provides transparency and can help to avoid costly and lengthy court disputes a later date.
Here are some common things included in a cohabitation agreement:
Without the legal protection of marriage, cohabiting couples face potential risks and uncertainties, especially if the relationship ends. A cohabitation agreement helps mitigate these risks by:
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Our experienced family law solicitors recognise that every relationship is different and will work closely with you to understand your specific needs and circumstances.
Our solicitors in London and the South East can help you draft a comprehensive cohabitation agreement, tailored to your needs, so you can focus on building your future together.
What happens when my partner refuses to leave the home we have both invested in.
If your partner refuses to leave a home that you both own or have invested in, the situation can become complicated. Both parties have equal rights to remain in the property unless a legal agreement or court order says otherwise.In some cases, negotiations can help resolve the issue, but if an agreement can’t be reached, you may need to seek a court order for the sale of the property or for one partner to leave. We can help you explore your legal options and work towards a fair resolution.
What happens to debts in a separation for unmarried couples?
In a separation, debts are generally the responsibility of the person in whose name they were taken out. If both partners have signed for a loan or credit, they are jointly liable.A cohabitation agreement prepared at the start of the living together relationship can clarify how debts will be managed upon any future separation. In the absence of a cohabitation agreement, a separation agreement can be drafted by agreement upon separation to determine the couple’s respective financial responsibilities for their joint and individual debts.
How do separation rules differ for married versus unmarried couples?
Married couples have legal rights concerning property, pensions and financial support, which are not automatically available to unmarried couples. For unmarried couples, the division of property and assets relies on property law, strict legal ownership and contributions.The widely held public belief that after living together for a certain amount of time couples become married under ‘common law’ thus securing legal protections, is a damaging myth. Unmarried couples currently have very limited entitlements at law, and often have to resort to expensive litigation to recover investments or interests that had been promised but not secured in legal protections.
Can we include child arrangements in a cohabitation or separation agreement?
Yes, child arrangements can be included in a cohabitation or separation agreement. While these agreements aren't automatically binding, they can serve as a useful guide if issues go to court.By outlining who will care for the children and how financial support will be handled, both parties can have a clearer understanding of their responsibilities, making future disagreements less likely.
How are property disputes resolved for unmarried couples?
Unmarried couples do not have the same legal rights as married couples when it comes to property. Disputes are often resolved based on the legal ownership of the property and financial contributions. If the property is in one partner’s name, the other may have to prove they contributed financially or in other significant ways to claim a share.The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) often applies, allowing individuals to make claims on property they don't legally own if they can prove financial or other contributions. Seeking legal advice early can help clarify your position and protect your interests.
Why should we consider drafting a separation agreement?
A separation agreement can help avoid future conflict by clearly outlining how assets, debts and child arrangements will be managed after separation. It provides a formal record of what both parties have agreed, offering peace of mind and reducing the chances of misunderstandings.For unmarried couples, it’s particularly important as there are fewer automatic legal protections compared to those available for married couples.
What is a cohabitation agreement?
A cohabitation agreement prepared at the commencement of the living together relationship allows couples to outline their respective rights and interests should the relationship break down. These agreements need to be expertly prepared by a family law solicitor to ensure your interests are properly protected.The agreement can provide for how property and assets should be transferred or dealt with upon separation and even how home contents and gifts are to be shared between the couple.
What happens if we separate without a cohabitation agreement in place?
If you separate without a cohabitation agreement, you may face more uncertainty and potential disputes over finances, property and responsibilities. Unlike married couples, unmarried couples don’t have automatic legal rights to claim assets or support, even if they've lived together for years. Property is usually divided based on legal ownership, and financial contributions can be hard to prove.Without a formal agreement, sorting out who owns what or who is responsible for debts can become complicated and expensive if litigated. Seeking specialist legal advice early can help you clarify your rights and navigate the separation process.
Arrange a confidential chat with one of our expert family law solicitors today.
Please note we cannot offer legal aid.
