“Cover all
the angles”
Related links 
Make an enquiry
Read more articles in: Blog, Family Law, Stuart Daniel
New figures from the Office for National Statistics (ONS) and the Ministry of Justice (MoJ) reveal that divorce rates are continuing to decrease from their peak in 1993, as couples increasingly choose to cohabit as committed partners rather than marry.
The falling rate of divorce applications is presumably a welcome relief for the courts.
However, because unmarried partners do not have the same protections as married couples, separation can cause its own legal problems for the affected parties and the justice system alike.
That’s why cohabiting couples should take steps to prepare for what would happen if their relationship breaks down.
A cohabitation agreement can help both parties save time and money by preventing the need for costly court proceedings to settle the division of assets.
A cohabitation agreement sets out in writing how assets will be divided in the event of a split, on terms agreed by both parties.
The document outlines what will happen to the couple’s assets, finances, and property, and children in the event of a breakup or one partner’s death.
Although these agreements can seem daunting, understanding the key considerations helps to ensure your interests are protected.
If your cohabitation agreement is properly drafted and signed as a deed, then it will become a legally binding document.
This makes it essential for both parties to seek independent legal advice before preparing the agreement.
Without this, it could be claimed that a party was unaware of the rights they had surrendered, which could nullify the agreement.
A cohabitation agreement can help to prevent disputes over how assets should be divided in the event of a split.
This can make a challenging and stressful time a lot easier.
Additionally, a cohabitation legally protects you in the event of a split by providing clear evidence of your intentions.
Crucially, maintaining your right to live in the property is key, as without proper legal protection, you could find yourself without a home.
Life changes, and so should your cohabitation agreement.
Events that warrant a review of your agreement include changes in financial circumstances, changes in property ownership, and the arrival of any children or other dependents.
A cohabitation agreement provides couples with the legal protection and clarity that unmarried couples need.
To ensure a cohabitation agreement is legally binding, it must be drafted accurately, in clear language. Both parties must also be properly represented and fully understand their rights before signing the agreement.
Courts are far more inclined to enforce an agreement where it is clear both parties have received advice as to the rights they are acquiring or surrendering.
Make sure both you and your partner seek independent legal advice as to the terms and implications of the agreement.
This will ensure that your partner cannot later claim that they were coerced into signing the agreement.
Our family law solicitors are experienced in preparing cohabitation agreements for couples like you.
We’ll make sure the agreement is fair and represents your best interests, giving you peace of mind that your rights and assets are protected should the relationship come to an end.
Don’t leave your relationship to chance. For a cohabitation agreement that protects your interests, get in touch with our family law team today.
Director – Head of Family Department
I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.
Latest posts by Stuart Daniel (see all)
