Cohabitation Agreement Solicitors

Protecting your interests by creating clarity around your living arrangements
  • Professionaly drafted, fair agreements
  • Explaining your rights and protecting your interests
  • Expert team to guide you through
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What Are Cohabitation Agreements?

Cohabitation agreements are legal contracts between two people who live together. They are sometimes also known as living together agreements.

Without a cohabitation agreement, couples who live together but are not married or in a civil partnership have few legal protections if they separate.

Except for in limited circumstances, you cannot make a claim against assets owned in your partner’s name, even if you have children and have been together for a long time. If you live in your partner’s property you have no automatic right to a share of that home if you split up. It might be possible to establish an interest but this can be a difficult and complicated process. Finally, if you jointly own your home, but one party has made greater contributions than the other, on separation the default position may be to split any proceeds of sale equally.

So, what are cohabitation agreements and how can they help? Cohabitation agreements are legally drafted documents that enable you to address these issues upfront, so that if you do separate, things are handled fairly and potentially expensive disputes avoided.

Cohabitation agreements are usually drafted to cover financial and childcare arrangements including each party’s contribution to the rent or mortgage, other bills and household expenses; details of childcare arrangements; and how you will deal with debts, bank accounts, life insurance, even pets.

How Beswicks Legal Can Help With Cohabitation Agreements

To be legally enforceable, cohabitation agreements must be professionally drafted and fair, which is why it is advisable to seek the assistance of an experienced cohabitation agreements solicitor. Our expert team can guide you through the process of entering into a cohabitation agreement, ensuring you understand your rights and protecting your interests. Book an appointment or call us to find out more.

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Cohabitation Vs Civil Partnership or Marriage

The main difference between cohabitation and civil partnership or marriage is that cohabitation has no legal standing, whereas civil partnerships and marriages are legally recognised.

Cohabitation means living together without being married or in a civil partnership. This enables couples to end their relationship informally without the involvement of the court. While civil partners or spouses need to apply to the court for an annulment or dissolution to end their relationship.

Because cohabiting is not legally recognised, there is a lack of protection and some disadvantages, for example:

  • Cohabiting couples have no automatic rights to property, inheritance or pension benefits.
  • Partners who live together have no financial duty to each other, instead managing financial matters through informal arrangements with no legal backing. When a relationship ends, cohabiting partners have no financial responsibility to each other.
  • If you live with your partner but do not own the property, or you are not the named tenant, you have no right to remain in the property and can be asked to leave. In contrast, if you are in a civil partnership or married, you have the right to remain regardless of who the named homeowner or tenant is.

How to protect yourself if you are cohabiting:

  • Cohabitation agreements solicitors can help you draw up a legally binding document that sets out the financial and practical arrangements that you and your partner agree to, providing clarity and protection for both of you. A cohabitation agreement can be entered into at any time, even if you are already living together.
  • A declaration of trust may also be helpful if you and your partner have invested differently into your home, for example one of you has contributed more to the deposit or mortgage repayments. This document specifies who owns what percentage of a jointly owned property.

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