Cohabitation Agreement Solicitors
Cohabiting couples do not have the same legal rights as a married couple. If you get married or enter a civil partnership, it will be assumed that you intend to share your property and assets with your other half. This does not apply if you live together in an unmarried relationship. However, you can agree to set out your intentions in a cohabitation agreement.
Our cohabitation agreement solicitors advise couples across the UK from our offices in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury. We pride ourselves on offering common-sense solutions, tailored to you.
What is a cohabitation agreement?
A cohabitation agreement is a written, signed document that sets out who owns and owes what, what financial arrangements you have agreed to whilst living together and how property and assets should be divided if you split up.
Cohabitation agreements (also known as ‘living together agreements’) are for unmarried couples who are living together and who wish to formally record their respective positions in terms of property and assets they own in their sole name or joint names.
Although we recommend that couples enter into a cohabitation agreement at the time they start living together, particularly if they will be living together in a property that they own either jointly or independently, it can be drafted at any point.
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Why do I need a cohabitation agreement?
The law does not protect unmarried couples the same way that it does married couples or those in a civil partnership. When you add property or other assets to a relationship, no matter how strong you think your relationship is, if it does end, things can get incredibly complicated if you have not legally protected what you own.
For example, unmarried couples who have separate bank accounts do not have the right to access the money in the other’s account. Also, there is no right to the other party’s pension or life insurance policies if they die; this is particularly important to consider if you have a family to support and a mortgage to pay. Living with someone for a certain period of time does not mean that you are automatically entitled to some financial support or a share of their property after you split up.
Cohabitation agreements, provided they are properly drawn up, the terms are reasonable and both parties have had independent legal advice, are the best way to record each party’s intentions and protect their positions in the event of a future dispute. By drawing up a cohabitation agreement with a specialist family solicitor, you can ensure you are both adequately covered and protected should the relationship break down.
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How our cohabitation agreement solicitors can help
Our specialist solicitors can draft a cohabitation agreement which offers protection and clear instructions regarding joint property and assets, as well as reassurance about childcare arrangements.
Our cohabitation lawyers will discuss your current situation with you, and talk through your requirements, making suggestions where appropriate, before drafting your agreement.
We will then provide you with a draft cohabitation agreement and a letter of advice explaining each section. You will have the opportunity to ask questions and/or suggest further amendments before we send a draft to your partner for approval. Your partner must seek legal advice too, to ensure both your interests are accurately recorded and protected. When the cohabitation agreement is agreed by both cohabiting partners, you will both sign the document.
Our solicitors can amend your agreements should your circumstances change, e.g. you have children together or purchase a second property.
In addition to advising on cohabitation agreements, our family solicitors can help with:
- Child arrangements
- Cohabitation disputes
- Declarations of Trust
- Donor conception
- Financial settlements
- Separation agreements
- Surrogacy and surrogacy disputes
Cohabitation agreement FAQs
Yes, cohabitation agreements are legally binding as long as they are drafted and executed properly. That is why both parties should seek advice from an experienced family lawyer before drawing up any agreement.
In theory, there is nothing to stop you from drawing up a cohabitation agreement without a solicitor, however, it may not be legally enforceable. Relying on a DIY cohabitation agreement may result in costly legal fees should a cohabitation dispute arise in the future.
If you are not married, you do not have any automatic legal rights to property or assets owned by your partner.
If your partner owns your home, the default legal position is that you will not have a share unless you are named on the title deeds, or you can prove you have interest in the property (or it states otherwise in a cohabitation agreement). ‘Interest’ includes mortgage or deposit contributions, or if you have paid for home improvements.
Cohabitation law can be incredibly complex, so if you are unsure of your rights, contact our cohabitation solicitors on 0117 325 2929.
Some couples opt for a Declaration of Trust when buying a home together as it records the proportion each party owns and how the proceeds would be divided if the property is sold. A cohabitation agreement can also set out agreements regarding property ownership, however, it can also cover the day-to-day aspects of the property ownership, such as household bills and who pays for improvements or repairs. Cohabitation agreements can also make clear intentions in relation to property that is not jointly owned.
Declarations of Trust are more common with ‘non-romantic’ property owners, i.e. friends or family members. Declarations of Trust are also important for couples in romantic relationships who want to record their intentions.
Whether you have a cohabitation agreement or not, you should also make or update your Will if you are buying a property with another party. Buying a property is a significant investment and a huge milestone, so it is wise to include what you wish to happen to your share in the Will, should you pass away.
No. A Will determines what happens when you die, not before. A cohabitation agreement can only determine what happens while you are alive, not when you die.
Cohabitation agreements can be overturned if they are not drawn up correctly, are not reasonable, if the parties have not taken independent legal advice or if you decide to get married or enter a civil partnership. Once you make your relationship ‘legally binding’, the law changes.
Need a cohabitation agreement? Contact our solicitors in Bristol and South Gloucestershire
We advise couples all over the UK from our offices located in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury.
To speak to our specialist cohabitation solicitors about creating a cohabitation agreement which protects your property and assets, call us on 0117 325 2929 or fill out our online enquiry form.