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Lots of couples choose to live together, either prior to or instead of, going down the traditional marriage route. It’s all about personal freedom, but it’s still important to be fully informed of your rights at various stages of your relationship, whatever the arrangement.
Unlike marriage and civil partnership, there is no formal legislation governing rights for unmarried couples and so it makes it even more important to clarify arrangements in a formal agreement either prior to living together or upon separation.
Please call and speak with one of us if you are considering moving in with your partner or navigating the complexities of a separation and feel that you need help. We’re happy to see you as a couple or on your own if you would prefer.
Cohabitation Agreements:
Before taking the significant step of living together, it’s crucial to establish clarity and security in your relationship. Our cohabitation agreements are tailored to your unique needs, addressing financial arrangements, property rights, and potential scenarios that may arise during the course of your living together.
Given the commitment ahead, and the lack of legislation in this area, it is advisable to draft an agreement that will help you navigate shared responsibilities and formalise expectations, hopefully ensuring a solid foundation for your life together.
Separation Agreements:
In the unfortunate event of a relationship breakdown, having a well-crafted separation agreement can alleviate the stress and uncertainty that often accompanies such situations. We will work with you to outline fair and reasonable terms for the division of assets, child arrangements, and financial responsibilities.
Whether you’re amicably parting ways or facing challenges in the separation process, we are dedicated to providing clear, pragmatic solutions that benefit all parties involved.
There is no formal legislation in the UK at present which makes cohabitation agreements legally enforceable but, so long as it complies with the basic requirements of contract law, it should be legally binding.
Given there is no specific legislation governing rights of cohabiting partners in the UK, an agreement helps define how assets, debts and responsibilities are shared during the relationship and provides protection in case of a separation, offering both parties legal clarity and peace of mind.
Yes, the agreement can include provisions for future circumstances or changes, including clauses that address potential developments in the relationship, assets, or financial situations. The agreement needs to be flexible and remain relevant over time to align with your evolving circumstances.
While a declaration/deed of trust is crucial when purchasing a property as an unmarried couple, a cohabitation agreement can provide additional clarity and address a broader range of issues beyond property ownership. In particular, the cohabitation agreement will address the issue of financial contributions after purchase and whilst living together. Ideally you will obtain both a declaration of trust and a cohabitation agreement to provide a comprehensive legal framework that protects your interests and clarifies your intentions.
Unfortunately, it’s still a common misconception that cohabitation for an extended period, particularly if there are children from the relationship, constitutes a “common law marriage”. This is simply not the case and the legal rights and obligations that come with marriage and civil partnership don’t apply to unmarried couples. If you are in a long-term relationship and don’t have a cohabitation agreement in place then call and speak to us as an agreement can be created at any time if you still want to outline division of assets or financial provision upon separation.
