Cohabitation Agreements

A cohabitation agreement is a legal document created for unmarried couples who live together. It outlines the rights and responsibilities of each partner regarding their financial assets, property ownership, children’s living arrangements, and other important matters during a relationship. It helps protect both partners in the event of a breakup and ensures a smoother transition should the relationship end.

Key elements of a cohabitation agreement

A cohabitation agreement will outline several responsibilities and obligations within a relationship. Key elements include:

• Property ownership – Who owns what and how property will be divided if the relationship ends.
• Financial contributions – Specify how bills, mortgage payments, or rent will be shared.
• Debt responsibility – Protect yourself from being liable for your partner’s debts.
• Arrangements for children – Outline responsibilities for any children, including financial support and living arrangements.

Benefits of a cohabitation agreement

Unlike married couples, cohabiting partners don’t have automatic legal rights to property or financial assets. A cohabitation agreement provides legal clarity and helps avoid costly disputes. A cohabitation agreement can include a vast array of provisions such as, but not limited to:

• Legal protection of individual and shared assets.
• Reduced friction if a relationship ends.
• Peace of mind by defining financial expectations.

Are cohabitation agreements legally binding?

Yes, a cohabitation agreement can be legally binding in the UK if it is properly drafted, signed and executed without undue pressure being placed on either party by their partner or a third party such as a relative. If a Court concludes that the agreement was entered into because one party was placed under pressure, the whole agreement could be given little or no weight. Seeking legal advice before creating a cohabitation agreement is essential to ensure its validity, fairness and enforceability.

A cohabitation agreement is a legal contract between two unmarried partners that sets out clear arrangements for finances, property, and children. It provides clarity and can help prevent disputes or misunderstandings if the relationship ends.

Need help or advice on executing a cohabitation agreement? Contact our friendly family law specialists today.

Does a cohabitation agreement have to be signed before completion?

The cohabitation agreement must be signed for it to be considered legally binding. This is as well as the document being set out as a deed, and it being kept up to date.

Want to learn more about cohabitation agreements and if it’d be right for your relationship? Contact one of our family law specialists today for up to thirty minutes free for an initial consultation.