At VM Family Law, we offer a service to assist with Cohabitation Agreements and can help with every aspect of your agreement.
Did you know that unmarried couples living together without a cohabitation agreement could be left with nothing if they separated? Speak to a friendly member of our team for advice and guidance around putting a plan in place.
What is a cohabitation agreement?
A cohabitation agreement is a legally binding agreement between a couple living together. The agreement outlines the rights and obligations of each partner and how assets should be shared if one of you becomes ill, dies, or the relationship ends.
However, if you wish to provide for how assets should be divided on death, then your wishes must be confirmed in a valid will.
It is necessary to keep these updated should there be any changes in your circumstances.
Here at VM Family Law, we offer help and support with cohabitation agreements from the very beginning. We will provide you with advice regarding what to consider when drafting a cohabitation agreement, and guide you through every step of the way.
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What are the differences between cohabitation and marriage?
Cohabitation generally means living together; this can be formalised into a cohabitation agreement to protect you and your partner if your relationship ends.
A marriage is a formal union of two individuals; this is a legally binding contract, and rights to the marriage are provided under the Matrimonial Causes Act 1973.
What should be included in a cohabitation agreement?
A cohabitation agreement should include the financial split if your relationship was to end. This can also include how you both contribute to your home whilst living together.
Below are the types of things you should consider including:
- Who has ownership of the property
- What share of the mortgage/rent will be paid during the relationship and should the relationship end
- Who should pay the bills and other living expenses
- Bank accounts
- Pensions
- Life insurance
- Ownership of other assets, such as cars, furniture and other property
- Payment of debts
- Care and ownership of pets
What rights do I have with a cohabitation agreement?
Cohabitating couples do not have the same legal rights as married couples or civil partners, and the law is far more complex if a couple has never been married with couples having no automatic financial claims against the other.
This is why it is important to enter into a Cohabitation Agreement, so both parties are clear as to their intentions and entitlements should the worst happen and the relationship break down.
Can I legally draw up my own cohabitation agreement?
You can draft your own cohabitation agreement, and there are many templates online which can be beneficial and assist with this, but for this to be legally binding, there are many things that you need to consider.
If you want a cohabitation agreement that is fit for purpose and to be upheld in court, consider speaking to a cohabitation solicitor first.
Why should I have a cohabitation agreement?
Having a cohabitation agreement will give you security for the future if the relationship ends. A cohabitation agreement can include a financial agreement on how household expenses can be shared whilst you and your partner live together and what should happen in the event your relationship breaks down.
The length of time couples are living together before marriage has increased and so has the number of couples who choose to cohabit but never marry. By having a cohabitation agreement; it offers legal protection in the event the relationship breaks down.
How much does a cohabitation agreement cost?
Cohabitation costs can vary depending on your requirements and whether an agreement has already been reached or whether negotiations are yet to take place. It may be that a fixed fee can be offered but this will be individual to your case and will be discussed with you.
At VM Family Law, we are competitive and transparent on our fees, keeping you updated with the ongoing and overall costs so there are no surprises.
Contact a member of our team for a free consultation where we will offer support and advice where needed, and the best possible approach together with information on costs.
Speak with an expert about your Cohabitation Agreement
Cohabitation and living together agreement solicitors
At VM Family Law, we are Cohabitation and Living Together Solicitors; we provide expert advice with an empathetic approach, focusing on the best possible outcome for our clients.
We explain the options available in a clear, concise and easy-to-understand language, steering you based on your needs and wishes, whilst always being mindful of costs.
Meet Our Expert Solicitors
Our team of solicitors is recognised for their expertise, commitment, and compassionate approach to family law.
What is common law marriage?
There’s no such thing as common law marriage in England and Wales, no matter how long you’ve lived together. Unmarried couples don’t automatically gain the same legal rights as married couples, which is why a cohabitation agreement is so important if you want financial protection.
Can I update my cohabitation agreement?
Yes, and you should. Your agreement should be reviewed and updated whenever your circumstances change significantly, such as buying a property together, having children, or a change in income. Keeping it current means it will still reflect your situation if you ever need to rely on it.
What happens if only one of us owns the house?
If your partner owns the property and you don’t, you have no automatic right to a share of it, even after years together. A cohabitation agreement can set out what you’re entitled to, whether that’s a financial contribution back or an agreed share, giving you protection you wouldn’t otherwise have.
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