Understanding Cohabitation Agreements

As the number of couples living together without marrying continues to rise, so too does the popularity of cohabitation agreements. A cohabitation agreement is a written document designed to protect both partners’ interests if their relationship ends or circumstances change. Unlike marriage or civil partnership, cohabitation does not automatically grant rights or obligations under UK law, so an agreement can help fill the gap.

What is a Cohabitation Agreement?

A cohabitation agreement is a single, comprehensive document laying out how you and your partner intend to share responsibilities and manage finances, property, and other assets while living together. It can also include arrangements for any children you may have. The main aim is to prevent legal disputes if the relationship breaks down, or if one of you passes away. By providing clarity and certainty, the agreement helps reduce stress, protect interests, and save costs in the long run.

Drafting a Cohabitation Agreement

Seek Professional Advice
Because cohabitation agreements are not governed by the same well-established legal frameworks as marriages, it is crucial to consult a specialist family solicitor. A lawyer can ensure that:

• The document contains clear, unambiguous terms
• All legal procedures are adhered to, and relevant information is properly disclosed
• The agreement fully represents the intentions of both parties and reduces the risk of future disputes

Guidance from Prenuptial Agreements
Although prenuptial agreements apply to married couples or those about to marry, some of the principles are useful when drafting a cohabitation agreement. For instance, the court looks at fairness, transparency, and whether both parties entered the agreement freely. Following guidelines set out in cases like K v K (2003) 1 FLR 120 can increase the likelihood that the cohabitation agreement will be upheld if challenged.

What Does a Cohabitation Agreement Typically Cover?

• Ownership of Property: Who owns or contributes to the home and how any equity or proceeds from a sale should be divided.
• Financial Responsibilities: How household bills, mortgage or rent, and general living expenses will be shared.
• Pensions and Savings: Clarifying whether pensions and savings remain individual or are subject to sharing arrangements.
• Debts and Liabilities: Outlining responsibility for current and future debts.
• Arrangements for Children: Detailing how child-related costs, care, or education might be covered, though this often requires additional legal consideration.
• What Happens if You Separate: How property, finances, or personal items will be divided if the relationship ends.

Cohabitation Agreement Costs

The cost of drafting a cohabitation agreement varies depending on the complexity of your circumstances. For instance, a couple with multiple properties or significant financial assets will require more detailed terms than a couple renting a small flat. By thoroughly discussing your needs and intentions from the outset, you can ensure the agreement is suited to your situation, which can help control legal costs.

Do You Need a Cohabitation Agreement?

Legally speaking, unmarried couples are not required to have a cohabitation agreement. However, without one, you risk much higher legal fees should you later face disputes over property ownership, shared finances, or responsibilities for children. The agreement offers a level of security that can save emotional and financial strain if your relationship ends or circumstances change.

Contact HM & Co. Solicitors

If you’re considering a cohabitation agreement or need advice on any issues related to living together without marrying, our dedicated team at HM & Co. Solicitors is here to help.

• Address: 186 Lower Road, Surrey Quays, London SE16 2UN
• Telephone: 02071128180
• Email: info@hmsolicitorsltd.com

Reach out today to arrange a consultation and learn more about how we can safeguard your rights and interests through a well-structured cohabitation agreement.