What is a cohabitation agreement and why do you need one? Local cohabitation agreement lawyer Dominika Windak explains.
In recent years, more couples are choosing to live together without getting married. However, many people mistakenly believe in the myth of “common law marriage,” thinking that after living together for a certain amount of time, they automatically acquire the same legal rights as married couples. This is not the case in England and Wales.
Cohabiting couples do not have the same legal protections as those who are married or in civil partnerships, regardless of how long they have lived together. This is why it’s essential to consider a cohabitation agreement—a legal document that can define rights, responsibilities, and protections in the absence of marriage.
Whether you’re in a long-term relationship or just starting out, a cohabitation agreement can help safeguard both partners and ensure that your legal rights are protected.
What Is a Cohabitation Agreement?
A Cohabitation Agreement is a legal document that outlines the rights and responsibilities of each partner living together. While marriage or civil partnerships come with automatically recognised legal rights, cohabiting couples in England and Wales do not have the same protections. This makes it important to consider putting in place a formal agreement, which can cover various aspects of your shared life, including financial matters, property ownership, and arrangements in case of separation.
It should be remembered though that a cohabitation agreement is not legally binding and unless you are married, you would not have an entitlement to claim against each others’ pensions, savings or other assets in the event of a separation. Claims in respect of a property might be different and you should seek specialist legal advice about your options in that regard.
Why is a Cohabitation Agreement so Important?
1. Clarifying Financial Responsibilities
A cohabitation agreement helps define each partner’s financial obligations, such as how household bills will be paid, who is responsible for rent or mortgage payments, and how shared expenses will be split. It also addresses the division of assets, including savings, investments, and personal belongings. Without a clear agreement, disagreements can arise if the relationship ends or if one party feels the other is not fulfilling their financial responsibilities.
2. Protecting Your Property and Assets
In the event of a breakup, determining ownership of property can be complicated without clear legal documentation. A cohabitation agreement allows you to outline who owns what, whether it’s the family home, joint bank accounts, or other significant assets.
3. Protecting Children’s Rights
If you have children or are planning to have children, a cohabitation agreement can clarify your respective parental rights and responsibilities. It’s important to ensure both partners agree on how to handle matters such as child arrangements, education, and financial support. Although the law offers some protections for children, having a clear written agreement provides peace of mind that both parents are on the same page regarding the child’s well-being.
4. Providing Security in the Event of Death or Illness
While a cohabitation agreement can’t automatically give one partner inheritance rights if the other dies, it can specify what should happen to shared property, assets, and finances in such situations. This can be especially important if one partner wants to ensure their wishes are respected, as unmarried couples do not have automatic inheritance rights. Similarly, the agreement can address matters of care in the event of illness or incapacity.
How Can a Cohabitation Agreement Benefit You?
A cohabitation agreement is a flexible tool that can be tailored to suit your specific situation. It offers peace of mind by removing uncertainty and ensuring both parties understand their rights and obligations. Importantly, it can reduce stress and potential conflict, should the relationship face challenges or end.
Additionally, while it’s not a requirement for couples to create a cohabitation agreement, it is a proactive step that can safeguard both individuals and their assets. It can be especially helpful for couples who have significant personal or family assets or those who have children from previous relationships.
The Legal Process: How a Cohabitation Agreement Works
Creating a agreement involves working with an experienced cohabitation agreement lawyer who understands the nuances of family law in England and Wales. The process typically includes:
- Consultation: You’ll begin by discussing your situation and the terms of your proposed agreement with your lawyer. It’s important to be open about your financial and personal circumstances to ensure the agreement is comprehensive and fair.
- Drafting the Agreement: Your lawyer will then draft a document that outlines the specific terms of the cohabitation arrangement. This will include provisions related to financial contributions, property ownership, and any other matters you wish to address.
- Review and Negotiation: Both partners should review the agreement carefully and obtain legal advice. If necessary, there may be negotiations to ensure both parties feel comfortable with the terms. A cohabitation agreement should be mutually agreed upon to be legally binding.
- Signing the Agreement: Once the document is finalised and both parties are in agreement, the cohabitation agreement is signed. While it doesn’t need to be notarised, having it witnessed can strengthen its legal standing.
- Ongoing Review: As circumstances change—such as a new job, a change in income, or the addition of children—it’s wise to ask your cohabitation agreement lawyer to review and update the agreement to reflect any new developments.
Conclusion: Protect Your Future Today
A cohabitation agreement is a simple but powerful tool that can help provide security and clarity in your relationship. Whether you’ve been living together for years or are just starting your cohabitation journey, having a legally binding document in place ensures both partners’ rights are protected.
At Slee Blackwell Solicitors, we specialise in helping couples navigate the complexities of cohabitation law in England and Wales, offering tailored advice and comprehensive services to create the perfect agreement for your situation.
Don’t wait for uncertainty or complications to arise. Contact us today to arrange an initial consultation with a cohabitation lawyer to learn more about how you can protect yourself and your loved ones. Your future peace of mind is worth it.
