Cohabitation Agreements
A cohabitation agreement is for those couples who live together, but who are not married or in a civil partnership. It can give you the security of knowing your rights and responsibilities around finances and assets during and after your relationship.
In UK law, cohabiting couples do not share the same legal protections as those in marriages. That means should you split from your partner, you will not have clear rights to finances or property. This can make the division of assets very uncertain, potentially impacting the livelihoods of both people.
As the number of cohabiting couples increases, many more are entering into cohabitation agreements to secure their rights to finances, property and other assets during and after the relationship.
Guillaumes LLP’s family law team have significant experience in creating cohabitation agreements and working with couples to ensure the agreement is right for both parties.
What is a cohabitation agreement?
A cohabitation agreement is a legal document outlining how costs will be met in the relationship, the ownership of assets, and what happens to finances, child custody and assets such as property in the event the relationship ends.
As the number of cohabiting couples increases, many more are entering into cohabitation agreements to secure their rights to finances, property and other assets during and after the relationship.
It is a common misconception that those who are unmarried but in a long-term relationship enter into a ‘common law marriage’ and are as a consequence legally protected in the event of separation.
This is however not the case. A cohabitation agreement helps secure these protections for cohabiting couples, and provides security both during and after the relationship.
Why would you want a cohabitation agreement?
There are many reasons why you would want to have a cohabitation agreement. You might want to protect yourself and what you own during and after the relationship, should it end.
You may also want to save both time and money in the long run by clearly detailing ownership and responsibilities during and after the relationship. This saves costly litigation fees and prevents the need to consult a lawyer to regain or protect your assets in the event of a separation.
You may also have children and want to provide them with additional security should the relationship end. A cohabitation agreement can help by through detailing arrangements for childcare, support, and custody during and after the end of the relationship.
If you or your partner were to die during your relationship, a cohabitation agreement can also provide clarity over the estate of the deceased. This could prevent disputes arising over ownership of assets following death.
Is a cohabitation agreement the same as a prenup?
No. A cohabitation agreement is for those who are not married or in a civil partnership but want the same protections over their finances and assets as married couples.
A prenuptial agreement or ‘prenup’ is for those who will be getting married, and want clarity over their finances and assets. A prenuptial agreement is not legally binding, but can be upheld in a court of law. To ensure your document is created properly, you should consult a prenuptial agreement solicitor.
Is a cohabitation agreement legally binding?
Yes, a cohabitation agreement is a legally binding contract, providing it is done correctly. To ensure your document is legally binding, you should consult a cohabitation solicitor, such as Guillaumes LLP.
Why Choose Guillaumes LLP?
Guillaumes LLP provide you with an individual service, tailored to your specific needs. This means when getting a prenuptial agreement with Guillaumes LLP, you will get a completely bespoke document, created entirely for you.
We are informal and friendly in our relationships with all of our clients. We can help answer your questions about cohabitation agreements and are always available to provide assistance.
If you need a cohabitation solicitor, family solicitor or litigation solicitor, please get in touch with Guillaumes today by filling in our contact form or calling us to discuss your options at 01932 840 111.
