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Family Law

Cohabitation Agreements

Many couples in the UK are choosing to live together and share their lives without getting married. However, under the law, these couples do not share the same legal rights as those who marry or are civil partners. This can make things difficult if the relationship breaks down in the future particularly in regard to finance and property. If children are also involved, it’s important to protect their future too.

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What is a cohabitation agreement?

A cohabitation agreement is a contract between unmarried couples who live together. It outlines what happens to your assets and liabilities upon separation, together with how your finances are arranged during the relationship.

You can enter into a cohabitation agreement at any time however, it is often preferable to do so prior to moving in together or, if a significant event occurs such as having children or obtaining a mortgage.

What can you include in a cohabitation agreement?

Cohabitation agreements typically include who owns what percentage of your property, what happens with the property upon relationship breakdown, how bills are shared, whether one party financially supports the other, what may happen to any other capital/debts upon separation and may also record intentions regarding child arrangements, education or costs. The Agreement may also include how your personal belongings, furniture, cars and pets may be divided upon separation.

What are the benefits of a cohabitation agreement

Even if splitting up is the last thing on your mind right now, it is sensible to plan by creating a cohabitation agreement. This will give you the peace of mind that if your relationship changes in the future, both people will be legally protected. You will know where you stand and if the worst happens and your relationship does break down, the legal implications will be one less thing to worry about.

How legally binding is a cohabitation agreement?

Cohabitation agreements are legally binding provided they are drafted and executed properly and contain an element of financial disclosure.

How we can help

We have helped lots of couples create living together agreements. Many people find that it is much easier to form this agreement whilst in a strong, loving relationship – rather than dealing with the consequences of a complicated break up later.

At Amphlett Lissimore, we explain everything in plain and simple terms. We answer any questions you may have and make the process easy to understand. We can draft your cohabitation agreement, or we can offer independent legal advice on one drafted by another solicitor. We will explain the costs and timescales involved up front so that you always know what to expect.

About our Family team

Our team of experienced family lawyers is based at offices across South London, including Crystal PalaceVictoria, West Wickham, and London Bridge. Whether you’re seeking expert legal advice on divorce, child arrangements, or financial settlements, or need support at one of our other locations, our solicitors are here to help.

As members of Resolution, our family solicitors and lawyers are committed to resolving disputes in a non-confrontational way whenever this is possible. Many of our team hold individual accreditations such as the Law Society Family Law accreditation, we have an international family law solicitor, a trained Collaborative Lawyer, and we have two family mediators in our firm.

For confidential, friendly advice about living together agreements contact us today.

Also consider writing your Will

If you are in a committed relationship but have decided to not marry or become civil partners, alongside a cohabitation agreement, it’s important to think about your Will.

No matter how long you and your partner have been together, anything you leave each other won’t be exempt from tax, unless you are legally married or registered civil partners. And if one partner dies without leaving a will, the survivor won’t automatically inherit anything. To discuss writing or amending your Will, contact our Private Client team.

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If you would like to discuss our family law services or book an appointment with us, please get in touch, or request a callback.

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