Cohabitation Law for Cohabiting Couples

Often, unmarried couples are unclear about the extent of their legal rights. If you are planning on living with or are already living with your partner, you may wish to enter into a Cohabitation Agreement to regulate financial matters whilst you are in a relationship.

Often, unmarried couples are unclear about the extent of their legal rights when living together. We help ensure all parties involved understand what they’re entitled to when drafting a cohabitation agreement. Our cohabitation solicitors will help you make informed choices in resolving practical issues resulting from a relationship breakdown or advising you on wealth protection issues before cohabitation

We understand that each client has specific requirements and needs regarding a cohabitation agreement. This is why we always ensure that we deal with your concerns carefully and with sensitivity. 

If you would like to talk to us regarding a cohabitation agreement in confidence, please get in touch with our family law solicitors.

Contact Our Cohabitation Agreement Solicitors

Cohabitation Agreement Solicitors

Our family lawyers are highly experienced in providing expert legal advice concerning marriage and family matters. As a firm, we are proud to be ranked as ‘Top Tier’ in the prestigious international directory The Legal 500 and commended by The Times ‘Best Law Firms 2019’. This means you can be certain that you will be receiving the highest quality legal advice.

Being a full-service law firm means we are well placed to provide wide-ranging, tailored legal advice to meet your individual needs. We work closely with other departments internally, including Real Estate, Corporate, Commercial and Private Wealth Lawyers, to ensure that your needs are protected comprehensively.

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Why Work With Our Family Team?

  • Our specialist family law solicitors are experts in complex, high-value divorce, and family disputes.
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  • Our team work closely with other departments internally, including property, employment, corporate and commercial lawyers, to ensure that your financial needs are protected comprehensively.
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Frequently Asked Questions

What is a Cohabitation Agreement?

A cohabitation agreement is a legal agreement between unmarried partners who wish to regulate the terms of their relationship. This can include how you manage your household payments/bills and financial assets.

This could be useful in the event of a break-up, as you will have a record of your intentions at the start of the cohabitation. This may reduce emotional pressures and help you agree on matters fairly and amicably.

More and more, Cohabitation Agreements are being used to provide clarity for unmarried couples wishing to regulate the terms of their relationship. An agreement can provide written evidence of what you intended at the outset, as to your respective ownership of property, and what you each intend to happen in the future.

What can you include in a Cohabitation Agreement?

A Cohabitation Agreement can include agreements on residential property, joint bank accounts, financial assets, children or even pets. You may want to consider some of the following points:

  • Respective ownership of any property
  • In the event of a break-up, who will continue to live in the household
  • Each parties’ contribution to household bills, rent or mortgage
  • Outstanding debts, loans or overdrafts (including liabilities)
  • Savings or existing bank accounts
  • Joint savings that accrue during the relationship
  • Life insurance policies
  • Ownership of joint items such as cars, furniture or sentimental items
  • If you have children, how you will support them financially
  • In the event of a break-up, who will care for any pets

What happens if one party breaches the terms Cohabitation Agreement?

Potentially, you may have a claim for a breach of contract. Additionally, you may have further statutory claims.

 

Can I update my Cohabitation Agreement?

Yes, a Cohabitation Agreement can be re-drafted at any point, if necessary.

Are Cohabitation Agreements legally binding?

Cohabitation Agreements can be enforced as a contract. If the following criteria are met, the agreement can usually be relied upon in the event of a dispute:

  • Each party receives independent legal advice on the terms of the draft agreement;
  • There is full and frank financial disclosure by each party;
  • Each party must enter into the agreement of their own free will;
  • The terms of the agreement must be fair and reasonable; and
  • The agreement must be made by way of Deed.

If we break up, will I need a separation agreement?

It is not mandatory. However, it is advisable to enter into a Separation Agreement, especially if you are selling your property. A Separation Agreement will record your intentions through to completion of sale.

Meet Our Family Solicitors

Home-grown or recruited from national, regional or City firms. Our family lawyers are experts in their fields and respected by their peers.

Jane Tenquist

Jane Tenquist

Jane is a Partner and Head of the Family Law Team

Nichola Bright

Nichola Bright

Nichola is a Partner in our Family Law Team

Sarah Whitelegge

Sarah Whitelegge

Sarah is a Senior Associate in our Family Law Team

Grace Parry

Grace Parry

Grace is an Associate in our Family Law Team

Pam Ackerley

Pam Ackerley

Pam is a Senior Legal PA in our Family Law Team

Contact Our Cohabitation Agreement Solicitors

You can contact a member of our team using the contact form below or by phoning us on

0161 941 4000