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Cohabitation Agreements

Cohabitation is when two people in a relationship live together without being married. UK Law refers to couples who live together as cohabitees.

Cohabiting couple families is the fastest growing family type in the UK. Many couples believe that by living together for a long period of time they become ‘common law’ husband and wife, however, there is no such legal status in the UK.

Cohabiting couples have very little protection on the breakdown of their relationship.

What Is A Cohabitation Agreement?

A Cohabitation or Living Together Agreement can set out who owns what and in what proportion. This agreement also lets you document how you will split your property, its contents, personal belongings, savings and other assets should the relationship break down. It can also cover how you will support your children, over and above any legal requirements to maintain them, as well as how you would deal with bank accounts, debts, and joint purchases such as a car.

The agreement can also be used to set out how you and your partner will manage your day-to-day finances whilst you are living together. This can include how much each of you contributes to the rent or the mortgage and any bills.

We can advise and draft the agreement on your behalf before it is sent to your partner for approval.

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Contact MTA Solicitors on 0208 437 0731 or alternatively, complete the form below.

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Are Cohabitation Agreements Recognised By Law?

Beginning to receive acceptance from the courts, Cohabitation Agreements can help regulate arrangements for both children and property. Although cohabitation is not legislative, cohabitants may still be able to prove a financial entitlement to a property, or a share from its proceeds of sale.

Creating a Cohabitation Agreement can help prove how much you or your partner has contributed financially from the outset of the purchase of the property or that you and your partner expressed an intention to share the property.

Where children are involved, parties can seek to formalise and agree arrangements between themselves or using solicitors, or a court application can be made.

In comparison to married couples, cohabiting couples do not have a legal right to maintenance, a share of the assets such as property or inherited property, regardless of the number of years they have been together and whether they have children.

A Cohabitation Agreement can set out clearly any agreements made.

Setting Up A Cohabitation Agreement

Setting up a Cohabitation Agreement can seem daunting, however by being realistic at the start of your relationship can save you from emotional and financial issues in the future. A Cohabitation Agreement or Living Together Agreement allows you to set out things in a fair way without any pressure, helping you to avoid any disputes which could arise if the relationship breaks down.

If you are looking to protect yourself legally, setting up a Will, can ensure that your partner inherits when you pass away. Visit our Wills and Probate page to find out more.