Have a question? Call us on 01625 503 444
Have a question? Call us on 01625 503 444
More and more couples are choosing to live together without getting married. Many assume they will have the same rights as married couples if they separate. However, there is no such thing as ‘common-law’ marriage; unlike married couples or civil partners, cohabiting couples in the UK have no automatic legal rights to each other’s property, finances, or pensions if their relationship breaks down.
If you’re looking forward to moving in with your partner, it won’t feel like the time to be worrying about what might happen if things go wrong. However, particularly if you are buying a property together, a cohabitation agreement can help you agree on a fair way to settle financial matters when you’re not under the pressure and distress of a breakup. Thorneycroft Solicitors specialise in cohabitation agreements and disputes and have experience advising clients in all sorts of domestic situations. We have worked with hundreds of couples who live together, often with children, wanting to protect their rights and agree on their expectations.
A cohabitation agreement is a legal document that couples living together can use to outline their rights and obligations. It can cover various aspects such as property, finances and arrangements for children. Without a cohabitation agreement in place, one partner may be left without any financial support or legal recourse if the relationship ends unexpectedly. Cohabitation agreements fill this gap by offering a clear, legal framework for the couple’s assets and responsibilities, providing security and preventing potential conflicts.
Such agreements are particularly valuable for couples purchasing property together, those bringing significant assets into the relationship, or those who have children from previous relationships. Drafting a cohabitation agreement is a proactive step that allows couples to think through potential issues and plan accordingly, offering security in an uncertain situation.
The agreement can be created at any stage of your relationship, whether you’re just moving in together or have been cohabiting for years. It will be legally persuasive in court, provided it is drafted and executed correctly. You can make a cohabitation agreement at any time and review and amend it periodically by consent.
A well-drafted cohabitation agreement can cover virtually any aspect of your shared life, including a wide range of financial and personal matters. Our solicitors work closely with clients to ensure both parties feel secure and well-represented, creating agreements tailored to fit the unique circumstances of the couple involved. The sorts of subjects under discussion will include:
The agreement will clearly define how to split your property, savings, debts and other assets and, if needed, state how your children will be looked after and financially supported. You can also use it to specify how you and your partner will handle your everyday financial matters, such as rent and mortgage payments, household bills, and life insurance coverage. Remember, for a cohabitation agreement to be legally binding, both parties must seek independent legal advice and fully disclose their financial situations.
People enter into cohabitation agreements for several reasons, but the main objectives are usually to protect both partners and clarify their financial commitments. This will prevent disagreements and conflict about rights and responsibilities both during the relationship and in the event of a breakup. A documented agreement provides clear evidence of your intentions saving both partners from lengthy and costly legal battles. A cohabitation agreement offers invaluable peace of mind for a couple, allowing them to enjoy their life together without the stress of relationship “what ifs.”
In the event that your relationship with your partner has come to an end, you may need to speak one of our family solicitors regarding your interest in the family home and any other shared assets that you may have a financial interest in.
With property and land in the first instance, it is necessary to ascertain who is legally and beneficially entitled to the property. This is established by looking at all relevant documents including land registry documents, conveyancing documents, cohabitation agreements and/or declarations of trust. Instructions will be taken about the intentions of the parties relating to ownership at the point the property was purchased.
Did you know, that you do not necessarily have to be a registered legal owner of the property to make a financial claim against the property? If you have made a significant contribution to the property, whether by paying towards the mortgage and bills, the costs of improving the property and/or raising the children of the family it is possible you may have accumulated a beneficial interest in the property and thus may be able to make a claim against your former partner.
In any separation it is advisable to speak to one of our family solicitors who will be able to navigate you through this difficult area of law to advise on potential financial claims that can be made for yourself and your children as well as being able to advise upon rights of occupation you may have to remain in the family home.
Thorneycroft Solicitors fully understands the importance of working with our clients to maintain and promote a healthy, non-adversarial relationship. We are here to provide clear-headed and practical advice regarding your rights and responsibilities around a potentially sensitive subject. Our aim is always to ensure that you are protected in the context of a fair and reasonable settlement should the relationship break down.
Our family law team consists of specialist cohabitation agreement solicitors who have extensive experience advising and assisting clients with cohabitation agreements. We have the legal expertise and know-how to guide you through the process. As part of our cohabitation agreement service, you can expect an initial detailed consultation and advice on the implications of signing an agreement. We will advise you on what financial information is needed and draft a schedule to set out your respective financial positions. Together, we will prepare a cohabitation agreement that clearly reflects your and your partner’s intentions.
With so many different relationship dynamics, there is no longer a one-size-fits-all when it comes to family law. Some couples may see entering a cohabitation agreement as an unnecessarily bleak outlook, but you never know what lies ahead, and it is sensible to protect your interests. If you’re interested in creating a cohabitation agreement or want to learn more about your legal rights as a cohabiting couple, contact Thorneycroft Solicitors today. Let us help you build a strong foundation for your future together.
