Cohabitation Agreement
Many couples choose to live together without getting married. Despite commonly held misconceptions, there is no such thing as a ‘common law’ husband or wife and this can lead to all sorts of issues when a relationship breaks down as the law only offers limited protection for cohabitants.
Disputes often arise regarding ownership of the assets, particularly the family home and the outcome is predominantly focused on what financial contributions each party made throughout the relationship and not on an equitable split of the assets accumulated during that time. It is therefore important that you get the right legal advice about your rights and responsibilities and we are committed to offering that service whatever stage your relationship is at.
Recent case law and the uncertainty involved in this outdated area of law demonstrate how important it is for unmarried couples and cohabitants to protect their interests by documenting the terms of asset division in the event of separation. This is known as a Cohabitation Agreement.
Whilst the Cohabitation Agreement can be as detailed as you require, it will typically address ownership of property, how much each partner will contribute whilst living together and how the assets should be divided if the relationship comes to an end.
In the absence of a Cohabitation Agreement and where there is a dispute regarding the division of assets, we can offer you clear and effective legal advice, saving you time, stress and money.
Our family department has a wealth of experience in representing cohabitants and we can assist you from the outset of the negotiations, to arranging Alternative Dispute Resolution such as Mediation and providing representation at Court, where an agreement cannot be reached and it is necessary to apply to the Court for determination.
If you are unmarried and have children, we also have a specialist Children’s department who are here to assist you on a range of matters.
If you are in a cohabiting relationship, it is essential to understand that you do not have the same legal rights as married couples or those in civil partnerships. This can leave you vulnerable in the event of a relationship breakdown, especially when it comes to financial and property matters.
Our experienced team of solicitors can help you protect your interests by drafting a cohabitation agreement tailored to your unique circumstances. Our aim is to provide you with peace of mind and legal protection.
What is a Cohabitation Agreement?
A cohabitation agreement is a legal document that sets out the rights and obligations of unmarried couples living together. It can cover a wide range of issues, including property ownership, financial arrangements, and what should happen in the event of a relationship breakdown.
The purpose of a cohabitation agreement is to protect your interests and assets in case of a relationship breakdown. It is designed to give you and your partner peace of mind by providing a clear framework for how you will manage your financial and property affairs while living together.
Our team of solicitors can also provide additional services, such as advice on wills, inheritance tax planning, and power of attorney. We can work with you to create a comprehensive plan that protects your interests both during your cohabitation and beyond.
The process of creating a cohabitation agreement typically involves an initial consultation with one of our experienced solicitors to discuss your situation, goals, and concerns. We will then draft a tailored agreement that reflects your specific circumstances and wishes.
The outcome of our cohabitation agreement service is a legally binding document that provides clear guidance on financial and property matters in case of a relationship breakdown. It can give you and your partner peace of mind and protect your interests in the event of an unexpected situation.
If you are in a cohabiting relationship and want to protect your interests, contact us today to schedule a consultation. Our experienced team of solicitors will work with you to create a tailored cohabitation agreement that reflects your unique situation and needs.
What is a cohabitation agreement?
A cohabitation agreement is a legal document that sets out the rights and obligations of unmarried couples living together. It can cover a wide range of issues, including property ownership, financial arrangements, and what should happen in the event of a relationship breakdown.
How long does it take to create a cohabitation agreement?
The time it takes to create a cohabitation agreement can vary depending on your specific circumstances. However, our experienced team of solicitors will work with you to create a tailored agreement as efficiently as possible.
Why should I get a cohabitation agreement?
If you are in a cohabiting relationship, it is essential to understand that you do not have the same legal rights as married couples or those in civil partnerships. A cohabitation agreement can protect your interests and assets in case of a relationship breakdown, providing you with peace of mind and legal protection.
How can we help you today?
FAQ
What is a cohabitation agreement?
A cohabitation agreement is a legal contract entered into by an unmarried couple that sets out the rights and responsibilities of each party with respect to property, assets, and other financial matters during their relationship and in the event of separation.
Why is a cohabitation agreement important for unmarried couples?
A cohabitation agreement is important for unmarried couples because it can help protect their assets and property in the event of a separation. It can also provide clarity and certainty around financial issues, helping to avoid disputes and legal battles.
What should be included in a cohabitation agreement?
A cohabitation agreement should include a clear and detailed list of each party’s assets and liabilities, as well as how those assets and liabilities will be divided in the event of a separation. The agreement should also include any provisions for spousal support or alimony.
Are cohabitation agreements legally binding?
While cohabitation agreements are not always legally binding, they are generally considered binding if they are entered into voluntarily, without duress or coercion, and are fair and reasonable at the time they are signed.
How can I ensure my cohabitation agreement is enforceable?
To ensure your cohabitation agreement is enforceable, it is important to work with an attorney who is experienced in drafting and negotiating cohabitation agreements. The agreement should be signed and notarized, and both parties should have their own legal representation.
Can a cohabitation agreement be changed after it’s signed?
Yes, a cohabitation agreement can be changed after it’s signed with the agreement of both parties.
What happens to assets acquired during cohabitation if there is no agreement?
If there is no cohabitation agreement and the couple separates, assets acquired during the cohabitation may be subject to property division laws of the state where the couple lives. The court will generally try to divide assets equitably between the parties, but it may not always result in a 50-50 split
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