Cohabitation & Living Together Agreements
The family team at Herrington Carmichael are experienced in dealing with all matters in relation to cohabitation. If you are planning to move in with your partner, but do not currently have any plans to get married, we can help you put a cohabitation agreement in place that makes it clear what each of your financial responsibilities are.
What is cohabitation?
Cohabitation is a term used to describe unmarried couples who are in a relationship and live together. It applies to opposite-sex and same-sex couples. If you and your partner share a home, and are not married or in a civil partnership, you are a cohabiting couple.
What is a cohabitation agreement?
A cohabitation agreement records the intentions of cohabitants in relation to property and any other assets they own either jointly or individually and what should happen if the relationship breaks down.
Cohabitation agreements are legally binding contracts, provided that they are drafted and executed properly, and are signed as a deed. It is therefore essential to obtain legal advice before entering in to any such agreement.
When should I draw up a cohabitation agreement?
You can enter into a cohabitation agreement at any time, either before you move in with a partner, or when you have been living together for many years. The agreement should be reviewed periodically, particularly where there has been a significant change in circumstances, for example the birth of a child.
What happens to our cohabitation agreement if we decide to marry?
You can either revise the agreement to reflect what you would wish to happen in the event that the marriage breaks down, or you may wish to convert your separation agreement into a pre-nuptial agreement.
We thoroughly understand the legal issues facing clients on the breakdown of a relationship if they are neither married nor in a civil partnership. We have experience in drawing up cohabitation agreements for clients who wish to set out their arrangements for the future including provision for the division of property and other assets in the event of a separation.
It is a common misconception that cohabitants possess the same legal rights and obligations as a married couple or a civil partnership…
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