Daniel Priest
A cohabitation agreement is often entered into by couples who have no current intention to marry but wish to live together. The preparation of a cohabitation agreement is a sensible and prudent course of action for people entering into a relationship. It can save much litigation and stress if the relationship breaks down.
If you separate from someone that you have been living with (and are not married) there are no particular set of rules that automatically apply. There is no such thing as 'common-law marriage'. Living with someone for a certain period of time does not mean you are automatically entitled to some financial support or to share their property after you separate. There have been proposals to change the law but the government has said that it does not intend to do so at the moment. In the absence of any statutory regime like that available to married couples, cohabitants must rely upon the General Law of Contract. This means that where a couple has not been married or in a civil partnership, sorting out disputes about property without an agreement can be expensive and take a long time. Many couples therefore enter into a cohabitation agreement. Many couples find that the process of making an agreement means that they have the chance to think and talk about how living together is going to work financially, meaning that arguments about money are less likely later on.
A cohabitation agreement is a written, signed document often signed as a deed in front of a witness. It will generally deal with 3 main principle areas:
- Who owns (and owes) what at the time of the agreement and in what proportion.
- What financial arrangements you have decided to make while you are living together, and;
- How property, assets and income should be divided if you separate.
Where the agreement is properly drawn up, the terms are reasonable and each of you has had separate independent legal advice on its effect, a Court is more likely to uphold the agreement in the event of a dispute.
Sills & Betteridge have a large team of experienced family lawyers who are specialists in their field. Our family solicitors work hard on behalf of their clients which has resulted in them winning numerous awards over recent years including Top Tier in the Legal 500, Children Law Firm of the Year and the prestigious Family Law Firm of the Year – Midlands and Wales at the Family Law Awards. Our family lawyers are approachable, hard-working and care about achieving the best outcome for their clients.
For more information, please contact a member of our Family Law team on 0800 542 4245 or email info@sillslegal.co.uk.