Cohabiting couples

If you are thinking about moving in with your partner or have been living together for some time already, you might be considering what would happen if the relationship were to break down.

Cohabitees are not afforded the same rights as married couples, despite many people believing the ‘common law marriage’ myth. Living with a partner for a certain period of time does not mean you are automatically entitled to financial support or to share their property if you split up, and you could find that you have very limited rights around property and finance in the event of separation.

Even if certain rights or remedies may be established, lengthy litigation can be costly and emotionally draining.

Cohabitation agreement

If you are living together or thinking about moving in with your partner, you may wish to consider entering into a cohabitation agreement. A cohabitation agreement is a written, signed document, often executed as a deed in front of witnesses.

A cohabitation agreement can record the agreed arrangements for finances, property, and children, while you are living together or in the event of relationship breakdown, illness, or death.

The agreement can cover your shared property, money and bills, pensions, and personal possessions.

The agreement can even include arrangements in respect of children, though these arrangements will not be legally binding.

Couples often find the process of making a cohabitation agreement affords them the opportunity to talk about how living together is going to work financially, which can reduce the risk of arguments about money later.

A cohabitation agreement may be entered into at any time and can help to avoid the cost and uncertainty of litigation.

How to get a cohabitation agreement

It is important to obtain specialist legal advice when entering a cohabitation agreement. A specialist lawyer can help to ensure that your intentions are crystalized in the agreement. Both you and your partner will require independent legal advice before entering into the agreement.

The cost of preparing a cohabitation agreement will depend on the extent of the assets involved and the complexity of the agreement. In certain circumstances it may be appropriate to prepare the agreement on a fixed fee basis.

If you need advice on living together please contact Kerry Reynolds on 020 7263 7887 or kerryreynolds@burkeniazi.com.