Cohabitation Agreements

What is a Cohabitation Agreement and what are the benefits of having one?

More and more families in England and Wales are comprised of cohabiting couples, with a proportion of those families believing they have the same rights similar to a married couple, especially if they have cohabited for a long time. However, the “common law marriage” is a myth and cohabiting couples have little protection under the law in England and Wales.

How can cohabiting couples protect themselves?

As cohabitees, there is no legal right to share your former partner’s income or assets if the relationship breaks down. Furthermore, there is no entitlement to your former partner’s pension. If there is a conflict as to what should happen to your home, the law is very complex and proceedings are often expensive.

A cohabitation agreement, is a written document which is tailored to the financial position of both you and your partner. The agreement allows you to detail the property and assets each of you own. It can also be clearly set out how those assets are to be divided in the event the relationship breaks down. For example the agreement can detail how the home should be divided in the event where one party has contributed more to the deposit.

However a cohabitation agreement can not make provision for pension sharing on separation, as this only applies to divorce only.

A cohabitation agreement can also detail who is responsible the day to day finances during the relationship.

How to make a Cohabitation Agreement

A cohabitation agreement can be entered into at any time, whether that be at the start of you cohabiting, or whether you have lived together for many years.

We have extensive experience in drafting cohabitation agreements and we can advise accordingly based on your circumstances and needs. We offer an efficient service and can help on how to protect yourself further for example making a Will.

Our specialist team are available on 0191 297 0011. Alternatively feel free to email us on wb@kiddspoorlaw.co.uk or raise an enquiry through our website www.kiddspoorlaw.co.uk