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Cohabitation Agreement

Cohabitation Agreement Solicitors

In England and Wales, unmarried couples lack legal rights in the event of separation, leaving one partner vulnerable to potential losses. Without a formal cohabitation agreement, assets, property, and even custody of children may be at risk.

At Lawhive, our network of specialist solicitors is here to guide you in creating a comprehensive cohabitation agreement tailored to your needs.

Whether you're considering moving in together or have been cohabiting for some time, it's never too late to protect your interests.

Schedule a free case assessment and receive a quote for the services of a dedicated solicitor who will ensure your cohabitation agreement reflects your wishes and protects your interests.

• What is a cohabitation agreement?

• Do I need a cohabitation agreement?

• What are the benefits of a cohabitation agreement?

• When should you make a cohabitation agreement?

• Can you write your own cohabitation agreement?

• Can you change the terms of a cohabitation agreement?

• What should a cohabitation agreement include?

• What shouldn't be included in a cohabitation agreement?

• Do you need a solicitor for a cohabitation agreement?

• Does a cohabitation agreement need to be signed?

• What happens if a cohabiting couple separates?

• Can a cohabitation agreement be enforced in court?

• How much does a cohabitation agreement cost?

• What happens if my partner doesn't stick to the cohabiting agreement?

• Is a cohabitation agreement still valid if you get married?

• What happens to a cohabitation agreement if one of us dies?

• Cohabitation agreements vs prenuptial agreements

• What's the difference between a cohabitation agreement and a declaration of trust?

• Will a cohabitation agreement affect my pension?

What is a cohabitation agreement?

A cohabitation agreement is a legal agreement between two people who are living together but not married. It sets out the rights and responsibilities of each person in the relationship, like how you manage household payments, bills, and financial assets during your relationship and how they should be split if you break up.

As more couples cohabitate, so does the number of people benefitting from cohabitation agreements to regulate the terms of their relationship.

Do I need a cohabitation agreement?

A cohabitation agreement is not a legal requirement however, it is strongly recommended for cohabiting couples that share finances and property. They are especially useful for partners that have children or a mortgage together. 

It can save you money in legal fees if you break up and end up in a dispute about what each partner is entitled to. 

What are the benefits of a cohabitation agreement?

Cohabitation agreements can provide a range of benefits to couples that choose to enter into them.

• Establish your rights to a property when you move into your partner’s property, without an agreement, you have no rights to the property even if you contributed to mortgage payments

• You can record the ownership of a property in a cohabitation agreement which can reduce the chance of disputes about ownership in the case of a relationship breakdown

• Organise your financial affairs as required during your relationship and if it breaks down in the aftermath

• Determine childcare arrangements including child support and visitation rights 

When should you make a cohabitation agreement?

You can make a cohabitation agreement at any time. It’s often a good idea to do this before you move in together to set the guidelines of your cohabitation from day one. Without one you don’t have many rights.  

Our family law solicitors can help you make a cohabitation agreement.

Can you write your own cohabitation agreement?

Most unmarried couples with simple finances should be able to write their own cohabitation agreement. However, you should seek legal support to ensure it is legally binding. Otherwise, it may not be enforceable in court and you could face a protracted and expensive legal battle. 

You can find cohabitation agreement templates online and do it yourself, however, a bespoke agreement shaped to your specific needs and requirements written for you is much more likely to offer you protection and meet your needs than a template. 

It’s worth remembering, that the difference between the amount you could be set to lose if you aren’t awarded what you think you’re owed in a separation, versus the amount it costs to draft a cohabitation agreement with the help of a solicitor could be vast. 

A cohabitation agreement drawn up by a solicitor will typically range from £300-£600, depending on your circumstances. Additionally, a solicitor’s fees for representing you in a dispute with your ex-partner will be considerably more expensive than the cost of drafting an agreement.

Can you change the terms of a cohabitation agreement?

A cohabitation agreement can be changed as your relationship changes, for instance, when you have children together, or buy a home for your family to live in.

The most common reasons to update an agreement include:

• The birth of a child

• One of you is seriously ill

• One of you becomes disabled

• One of you is made redundant

• Your financial circumstances have significantly changed

• You receive a large inheritance

• You plan to get married or enter a civil partnership

What should a cohabitation agreement include?

When you create your own agreement it should be bespoke to your needs. This is one of the benefits of creating one.

In drafting the agreement, you and your partner can choose exactly what you want to include.

Still, there are some essential elements that a well-drawn-up agreement will include:

• When a partner owned property before cohabiting, the agreement can state that this asset will be kept separate so the other partner doesn’t have a claim over it if you split

• If you buy a property together, but only one of you is named on the mortgage, due to debt, a poor credit rating, or due to having another mortgage, the cohabitation agreement can state the proportion of the property each partner is entitled to. If you and your partner are joint owners of a property, you’ll both be legally entitled to stay in the property if your relationship ends

• Who gets to live in a property after a breakup or should it be sold.

• The amount paid towards a mortgage by a partner who isn’t named on the mortgage, and what their contribution entitles them to, should be written into the agreement. How other bills and joint accounts in both names should be handled if the relationship ends should also be addressed in the agreement 

• Child maintenance payments and arrangements around where children should live and contact arrangements for parents that don’t live with their child

• Next of kin rights

What shouldn’t be included in a cohabitation agreement?

Inheritance and wills are not part of a cohabitation agreement however, it is a good idea to consider the importance of writing a will when cohabiting. 

Other elements that shouldn’t be included in a cohabitation agreement include personal matters, like who does which household chores. There’s no need to include these, as they are hard to prove and can’t be made legally binding. 

Do you need a solicitor for a cohabitation agreement? 

A solicitor is not legally required to create a cohabitation agreement, however, there are many reasons to seek legal assistance when looking to create this agreement.

A legal professional can help ensure your agreement is legally binding and reduce the potential for costly disputes to arise.

Does a cohabitation agreement need to be signed?

To ensure it is legally binding a cohabitation agreement should be signed by both parties.

What happens if a cohabiting couple separates?

This depends on whether they have a cohabitation agreement and what the agreement includes. 

Without an agreement in place, cohabiting couples have little financial protection in place.

The legislation for cohabiting couples is based on civil law, not family law. Assets will be divided according to the Trusts of Land and Appointment of Trustees Act 1996 and the Law of Property Act 1925.

Can a cohabitation agreement be enforced in court?

A cohabitation agreement is typically legally binding and can be enforced in court under the following circumstances:

• Each party has received legal advice on the terms included in the draft agreement

• Both sides give a ‘full and frank’ disclosure

• Each party has agreed with their own free will

• The terms of the agreement must be fair

• The agreement must be made as a deed

• The document is updated to reflect life changes 

How much does a cohabitation agreement cost?

The cost for a licensed solicitor to help with a cohabitation agreement is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £300-£600.

What happens if my partner doesn’t stick to the cohabiting agreement?

If you and your partner are in a dispute because they haven’t stuck to the cohabiting agreement you may need to get legal help.

Commonly, the agreement will establish what happens in the case of a dispute.

A dispute can be resolved in the following ways:

• Negotiations between solicitors 

• Collaborative law

• Arbitration

Is a cohabitation agreement still valid if you get married?

A cohabitation agreement can still be valid when you get married. It will depend on the terms of your agreement. 

Getting married gives couples significant additional rights which can overwrite the conditions of your cohabitation agreement. 

If you get married and have a pre-existing cohabitation agreement the court may take it into account if you later get divorced, or dissolve a civil partnership.

What happens to a cohabitation agreement if one of us dies?

You can update your agreement if one of you falls seriously ill to express your wishes about their estate, including property and assets. It is a good idea to include this information at the outset of creating an agreement.

For couples that have a house together, what happens to it after one partner dies depends on the share of the house owned by each.

Jointly held homes will pass to the surviving partner and don’t pass through their will or the rules of intestacy to any other beneficiary. 

When a property is held as tenants in common, each partner will have a share. Unless otherwise stated in writing the share is assumed to be 50/50. When one partner dies their share will be part of their estate and pass through their will and the rules of intestacy. 

Cohabitation agreements vs prenuptial agreements

A better option than relying on your cohabitation agreement if you get married is to add a clause in your agreement that it will automatically come to an end when you’re married.

You may want to consider a prenuptial agreement if you’re getting married. They establish financial arrangements between married couples including property division in the case of divorce. Prenups are specifically designed for marriages unlike cohabitation agreements and set out what will happen after a divorce.

What’s the difference between a cohabitation agreement and a declaration of trust?

Declarations of trust are used as records of the share of a property held and outline how the proceeds of a sale will be divided. 

Cohabitation agreements are much more comprehensive legal documents that detail what will happen to finances, property, and assets should a relationship break down. They also outline child arrangements and child support. 

Will a cohabitation agreement affect my pension?

Cohabiting couples do not have automatic rights to inherit their partner’s pension like married couples and those in civil partnerships.

If you split up you can’t claim against your partner’s pension or other assets. 

You can, however, include pension rights in your cohabitation agreement. If you need help with drafting your agreement to outline what will happen to a pension if you or your partner dies, our network of family solicitors can help.

Get in touch today for a free case evaluation and quote.