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Why should you consider cohabitation agreements?

An increasing number of people are choosing to live together without getting married.

Whilst cohabitees do enjoy legal protection in several areas, they still have significantly fewer rights than couples who are married or in civil partnerships.

This can bring its own set of problems, with many cohabiting couples only discovering how few rights they actually have when their relationship breaks down. This is where disputes can arise.

There are things you can do to protect your position before you start to live together – such as setting up a cohabitation agreement.

Senior Associate Family Law Solicitor, Elaine Collins, explains what cohabitation agreements are and how they can protect your interests in the event of a split.

What is a cohabitation agreement?

A cohabitation agreement sets out in writing how things will be divided in the event of a split, on terms agreed by both parties.

A Cohabitation Agreement can serve as evidence that a written agreement was made between the two parties if a disagreement ends up in court. The intention is that the agreement will be legally binding and it is therefore important to consider the proposed terms carefully before committing to them.

Property

While married couples who divorce are legally entitled to make claims on each other’s property, the same rights do not apply to cohabitees.

The title deeds usually dictate who owns the property, and so generally speaking if your name is not on the deeds, it is presumed that you will have no share or interest in the property and will not be entitled to any money when it is sold.

If your name is not on the title deeds, then you will have no legal right to stay in the property if the relationship breaks down and proving that you own a share of the property can be very difficult.

You will have to evidence some agreement or understanding between you and your partner that you both intended that the ownership of the property should be shared, and that you have relied upon that agreement to your detriment – usually by spending money on the acquisition or significant improvement of the property, or by paying the mortgage directly

In the worst-case scenario, a property dispute can only be resolved by court proceedings and at great expense to both parties. The outcome is often uncertain and so court proceedings are obviously best avoided.

Setting out your intentions in a cohabitation agreement can help to protect both parties’ interests in the event of a split. The agreement can also cover possessions such as furniture, in addition to the property itself.

Additionally, if you are buying a house together, it is worth considering putting both partners’ names on the mortgage agreement in the first place. By doing this, you can then opt for joint tenancy or tenancy in common, which will help to protect both parties in the event of a split.

Setting up an agreement

If a relationship does break down, it is important to seek independent legal advice to ensure that disputes are resolved as smoothly and as quickly as possible. Your solicitor’s job is to look after your best interests, providing realistic, professional advice that is right for you and your circumstances, using their knowledge of the law and their professional experience.

Our expert family lawyers at Mander Hadley can help you draw up a cohabitation agreement that is clear, fair to both parties, and stands the best chance of being held up in court.

Contact us today for tailored advice on setting up a cohabitation agreement.

Elaine Collins

Senior Associate

I have spent several years specialising in complex private children matters including situations where one parent lives outside of the UK’s jurisdiction, requiring urgent applications to safeguard children and change of residence.

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