Cohabitation Agreements and Living Together

Are you living with or planning to live with your partner? Many couples wrongly assume they will have the same rights as a married couple, or gain them after a particular period of time has passed, so it’s important to consider your options.

Whether you are in a same-sex or opposite sex couple, there is no such thing as common law marriage and there is no equivalent of divorce proceedings for unmarried couples who separate. This can make things unduly complex and traumatic when a relationship breaks down.

Our cohabitation agreement solicitors can help you safeguard your interests and avoid uncertainty if your relationship were to end.

How our family law team can help

We would recommend that any couple who live together take legal advice tailored to their personal situation and consider having a cohabitation agreement and/or declaration of trust from the outset. This would clearly set out what would happen if you were to separate.

Our experience means we can help you think about what might happen and terms you might need to include.

This may seem unromantic, but it can save huge costs, misunderstanding and distress. You could think of a Cohabitation Agreement as being similar to life insurance. You hope you will not need it, but it is there to make a difficult time a little easier if the worst happens.

What is a Cohabitation Agreement?

A Cohabitation Agreement is a contract that an unmarried couple can use during their relationship and in the unfortunate event of a separation. The terms are discussed between the couple and might include:

• How you will share bills and contribute to bank accounts during your relationship.
• Agreeing that you will both make Wills to ensure that properties pass in the way that you want them to on death.
• Ensuring that your life assurance policy is assigned to your partner or your children, or that your pension benefits are nominated to the correct person.
• Who will have responsibility for debts, either those that existed before your relationship or those that accrue during the relationship.
• Whether you will share any inheritance or other financial windfall.
• How you would want to share finances if you separate.

The agreement can be adapted to suit your circumstances, for example, whether you own a property in joint names or in sole names and whether you have children, or not. The aim is to ensure that financial aspects are discussed openly and early to reduce the chance of a dispute later on.

Why choose TWM Solicitors?

At TWM Solicitors, our family law specialists have extensive experience helping unmarried couples protect their interests. We provide clear, practical advice and draft bespoke agreements that reflect your unique circumstances and intentions.

Next steps

If you’d like to discuss whether a Cohabitation Agreement is right for you and your partner, contact our Cohabitation Agreement solicitors today. We’ll explain your options clearly and objectively and guide you through the process.