As fewer couples decide to marry or enter into a civil partnership, our family law team is regularly approached by clients asking, ‘Should I sign a cohabitation agreement?’ The law in England and Wales offers cohabiting couples surprisingly little protection, and many people do not realise that until it is too late.
Accordingly, if you and your partner are living together, or planning to live together, without getting married or entering a civil partnership, the honest answer is that a cohabitation agreement is one of the most straightforward steps you can take to protect yourself.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
“I cannot fault my experience with Johnson Astills Solicitors. Throughout this difficult time I was made to feel secure, supported and validated – money can’t actually buy these things.”
Why Do You Need A Cohabitation Agreement?
One of the most common misconceptions in family law is the idea of common law marriage. Many people believe that living with a partner for a certain number of years automatically confers the same legal rights as marriage. That concept has no legal foundation. No matter how long you have lived together, you do not acquire automatic rights to your partner’s property, pension, or savings simply by virtue of cohabitation. If the relationship breaks down or your partner dies without having made a will, you may find yourself with very limited legal recourse.
Cohabitation is now the fastest-growing family structure in England and Wales, yet research suggests that the overwhelming majority of unmarried couples have no formal agreement in place to protect their finances or property. The gap between the assumption and the legal reality can have serious consequences.
What Does A Cohabitation Agreement Cover?
A cohabitation agreement is a legally recognised document that sets out the financial and property arrangements between two people who live together. It can cover a wide range of matters, including who owns the property you live in and in what shares, how mortgage or rent payments and household bills are divided, what happens to joint savings accounts on separation, how contributions to renovations or improvements are treated, who is responsible for existing or future debts, and what happens to shared assets, such as vehicles and personal property, if the relationship ends.
A cohabitation agreement can also address arrangements for children, including financial support, and the fate of pets, which are a more common source of dispute on separation than many people anticipate. The more comprehensive and specific the agreement, the less scope there is for disagreement later.
We can advise you on what your cohabitation agreement should cover based on your individual circumstances and draft an agreement for you that reflects your intentions clearly and accurately.
Is A Cohabitation Agreement Legally Binding?
There is no single piece of legislation that expressly makes cohabitation agreements legally enforceable in England and Wales, but they are treated by the courts as contracts. Provided the agreement meets the basic requirements of contract law, it is capable of being enforced. In reality, provided both parties entered into it freely, without pressure or undue influence, provided full and honest financial disclosure, and executed the document properly, a cohabitation agreement is likely enforceable.
The enforceability of the agreement is significantly strengthened where each party has taken independent legal advice before signing. This means each of you should have your own solicitor review the terms and confirm that you understand what you are agreeing to. An agreement signed without independent advice, or where one party was placed under pressure to sign, is far more vulnerable to challenge. Keeping the agreement up to date as your circumstances change is also important. A significant life event, such as the birth of a child, a large inheritance, or a major property purchase should be reflected in the agreement.
We can act for either party in the preparation of a cohabitation agreement and make sure the document is drafted in a way that minimises the risk of any future dispute about its validity.
When Should You Put A Cohabitation Agreement In Place?
The ideal time to enter into a cohabitation agreement is before you move in together. That said, there is no reason why an agreement cannot be put in place after the event. The conversation about finances and property can feel uncomfortable to raise, but addressing these matters openly is a sign of a healthy and practical approach to a shared future, not a lack of trust.
How We Can Help
Our family law team has considerable experience in advising cohabiting couples on how to protect their financial and property interests, both at the outset of a relationship and during it. Our Family Law expertise has been independently recognised through accreditation by the Law Society in Family Law Advanced and Children Law, reflecting the level of knowledge and experience our team brings to all aspects of family law, including cohabitation.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
‘Having had experience of your organisation, my confidence in you grew. I would have no hesitation in asking you for any necessary representation in the future. Relatives and friends have already been told of my satisfaction. Thank you and well done’
