Cohabitation/Living Together Agreements
How can we help?
The family team at Herrington Carmichael are experienced in dealing with all matters in relation to cohabitation.
We offer a FREE 15 minute consultation and then a meeting can be arranged in any of our London, Camberley or Wokingham offices.
The Process
A Cohabitation Agreement records the arrangements between two or more people who have agreed to live together. It records each parties’ rights and responsibilities in relation to the property, financial arrangements during the relationship and any arrangements to be made if they decide that they no longer want to live together.
A Cohabitation Agreement could avoid the cost of litigation about who owns what shares in a property if the cohabitation comes to an end. A cohabitation agreement can also be used to record the ownership of personal property (for example, cars, jewellery, furniture) and what will be retained by who if the cohabitation comes to an end.
If your relationship breaks down, you will not have the same rights as a married couple. Married couples can claim rights to each other’s property, pensions, bank accounts and income. The claims are enshrined in matrimonial law. Having a Cohabitation Agreement in place means that you have a formal agreement with your partner on how your finances will be managed whilst you are living together and how they will be dealt with if you break up. The main aim is to avoid costly litigation if the relationship ends.
>> Cohabitation Agreement Flowchart
>> Cohabitation Factsheet
What to do next
Once you have come to an agreement, each of you should make an appointment to see a solicitor separately. The solicitors can draft an agreement that you are both happy with and provide advice on the different options available to you. Your solicitor can also give you advice on how these agreements might be affected if you ever decide to get married.
Cohabitation
Quick links
FAQ’s
Is a cohabitation agreement legally enforceable?
However, a cohabitation agreement may not be reasonable if it is unfair to one party. Therefore, to maximise the chances that your agreement is enforceable, it is advisable to seek legal advice on its contents.
It is also important to note that the agreement will not overrule other legal rights and requirements, particularly ones in relation to children.
What should a cohabitation agreement cover?
Should our cohabitation agreement cover relationship rules, such as who does the housework?
Will a cohabitation agreement have any effect if we later get married?
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