What is a Cohabitation Agreement?

Unfortunately, the law relating to cohabitation and the rights of cohabiting couples falls short of providing anywhere near the level of financial protection that is afforded to couples who marry or enter into a civil partnership.

Many people believe after a period of time they become common law husband and wife which gives them financial protection on separation. However, this is not the case. Any entitlement to property has a starting point based on who owns the property. Other factors may come into play such as the contributions made towards the property, the intention of the parties and whether any detriment has been suffered.

It is always advisable for clients to consider having a cohabitation agreement drawn up before they buy property together to clearly set out what the intention of the parties is in relation to property and finances and what would happen in the event of the relationship breaking down. It can even cover the party’s intention in relation to children.

It is advisable to seek independent legal advice prior to entering into a cohabitation contract as there are certain requirements to ensure that the document is legally binding and would be upheld in the event of a dispute.

If you would like more information or to discuss your options with our experts.

Please contact our Family Law Specialists today.