Family Law

Cohabitation agreement

Cohabitation agreements are legally binding contracts in which a couple who live together set out how they will share their assets if their relationship ends. If you are living with someone, or planning to live with someone, our established family lawyers can draft a cohabitation agreement that protects both you and your partner’s financial interests.

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What does a cohabitation agreement cover?

Cohabitation agreements, also referred to as living together agreements, differ based on the specific circumstances and needs of the couple who establish them.

A cohabitation contract can include:

How income and savings will be shared.
What will happen to property.
What will happen to other valuable assets such as cars and furniture.
How any children will be financially supported.

Additionally, there are other considerations for couples planning to live together that require careful thought but should not be included in a cohabitation agreement. These include arrangements for children.

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Who does a cohabitation agreement protect?

A cohabitation agreement provides legal protection to couples who live together but who are not married or in a civil partnership.

There is a common misbelief that couples who cohabit for any reasonable period of time are entitled to an element of protection in the form of “common law marriage”. This is not the case.

Cohabiting couples have limited legal protection if they separate. That is why it is vital that couples who are planning to cohabit take steps to protect their respective financial positions.

Is a cohabitation agreement legally binding?

Cohabitation agreements that set out the financial and property arrangements of a couple are enforceable by law. However, an agreement must be properly drafted to make sure there are no disagreements about its validity or enforceability if a relationship ends.

How can Davisons Cohabitation Solicitors help?

Our family lawyers have extensive experience in preparing cohabitation agreements. We will carefully draft an agreement that is tailored to your circumstances, guaranteeing your financial security regardless of life’s circumstances.

We offer a Free Initial Assessment so you can talk to one of our experts to find out how we can help. There is no charge and no obligation whatsoever.

Have any questions or need any help?

Our team of specialist lawyers are experts in their field. Be confident in their advice and decisions to help get the right outcome for you. Contact us today to see how we can help

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Cohabitation agreement FAQs

How much does a cohabitation agreement contract cost?

The cost varies depending upon individual circumstances. For example, a simple agreement that sets out responsibility for mortgage repayments will cost less than an agreement that sets out complex financial arrangements. Both parties should consult an independent solicitor to protect their interests. One solicitor will draft and sign the agreement. A cohabitation agreement costs £700-£4,000, but court disputes can cost tens of thousands.

For a free estimate based on your circumstances, please contact our solicitors.

Can a Cohabitation Agreement be modified?

A cohabitation agreement can be modified at any time, but only with the consent of both parties. Changes can be made by entering into a new cohabitation agreement or by amending the existing cohabitation agreement’s terms.

It is advisable to regularly review your agreement to make sure it reflects any changes in life such as the birth of children, serious illness, or a significant change in financial circumstances.

Can you draw up your own cohabitation agreement?

You can draw up your own agreement but there are several reasons why it is better to instruct a cohabitation agreement solicitor.

An agreement drawn up by a solicitor offers you greater legal protection. It will be drafted in compliance with the law, reducing the likelihood of legal challenges if your relationship ends. Defending a cohabitation agreement in court can be very costly. A solicitor will offer impartial legal advice, ensuring your agreement is clear and protects your interests. A watertight agreement will simplify resolving any future disputes.

What does it mean to buy a property as tenants in common?

There are two ways to own a property with your partner:

• As joint tenants. You both own the whole property
• As tenants in common. You each have a specific share in the property

Most cohabiting couples own property as tenants in common.

Is it advisable to have a declaration of trust?

If you purchase a property as tenants in common, it is a good idea to expressly state what portions of the property you both own through a declaration of trust. Without a declaration of trust, you are leaving it to be implied by the financial contributions you have both made.

Tenants in common lack the right of survivorship, so when one dies, their share goes to their will’s beneficiary, not the co-tenant. A declaration of trust can grant joint tenants’ rights.

A declaration of trust can include important details such as:

• The amount each person will contribute towards mortgage repayments.
• What percentage share of the property each person owns. For example, if one partner pays most of the mortgage their share may be greater.
• What will happen if someone dies or moves out.

It is sensible to have a declaration of trust drawn up by a solicitor when you purchase a property as tenants in common. Doing so can avoid an expensive, prolonged legal dispute over property if your relationship ends.