Cohabitation Agreements for Couples
Living Together

It is a common misunderstanding that once a couple (whether heterosexual or same sex) have lived together for a certain period that they gain rights akin to married couples. However this is not necessarily the case and is entirely dependant on the contributions each of you have made. If you have not contributed it is likely that you have no interest in your partner's assets and this can leave certain people in a very vulnerable situation. Having children together is no guarantee of financial provision for the more vulnerable partner (although certain applications can be made on behalf of a child).

Most people cohabiting are unaware of their legal status. In the event of the relationship breaking down the “family Home” will often be dealt with by the law of Property and not Family Law as many expect. Statistics show that couples living together are more likely to separate than married couples that have been together for the same length of time regardless of age or income.

It should be noted that gay couples who have entered into a Civil Partnership are treated with legal rights akin to married heterosexual couples. However if you have not entered into a marriage or a civil partnership then you are classed as a cohabiting couple regardless of whether you are gay or heterosexual.

Until there is a change in the law for those couples who do choose to live together without marrying or entering into a civil partnership upon breakdown you can only rely upon complicated trust law to argue that they should be entitled to a share of the assets. It is therefore highly advisable that a cohabiting couple should consider the possibility of a separation at the outset to protect their respective future positions.

A cohabitation agreement or living together agreement as they are sometimes referred to will record how you want to divide assets in the event of your relationship coming to an end. It will allow you to formalise aspects of your status with your partner by setting out the rights and obligations of each of you in relations to each other and you assets.

Cohabitation Agreements can be not under family law but as a legally binding contract. In the event that the court concludes that it cannot enforce every clause within the contract the court will choose those clauses capable of being enforced.

Other steps can be taken at the outset for example, how a jointly owned house is shared a Trust Deed can be entered into which will govern what is to happen to the property in the event that it has to be sold. If a property is to be a joint property make sure that the house or tenancy is in joint names in appropriate shares. Your conveyancer will be able to explain the possible options open to you as to how a property can be held.

Make a will because should your partner die without a will any property which is not in your joint names is likely to pass to your partner's family and not you. A solicitor specialising in Will writing and estate planning will be able to advise you as to what will happen upon death and actions hat can be taken to plan for this. At this time consider making provisions for the children of the family. Unmarried fathers do not automatically have Parental Responsibility .

On a practical level you will need to consider whether or not bank accounts/credit cards or other debts should be joint or individual. If accounts are separate in the event hat one of you should die the survivor will have no automatic access to accounts in the sole name of the deceased. Money in such accounts will be dealt with in accordance with any Will or in the absence of a will the intestacy rules. This may leave the survivor struggling financially.
You may need to seek the advice of an accountant regarding you tax liability.
Pensions are becoming more flexible and it is now possible to nominate your partner to receive any death benefits that there may be connected to your pension fund.

A cohabitation agreement should deal with the division of your finances so that in the unfortunate event of a relationship breakdown matters can be dealt with as amicably as possible, it will remind you both of your original intentions for each other and any children that there may be. A cohabitation agreement may stop unnecessary legal argument and save a great deal of money avoiding disputed legal proceedings.

A cohabitation agreement is a private contract between two cohabiting adults. Such an agreement attempts to set out the rights and obligations of each party. The advantage of having an agreement helps you to consider, before there is any dispute, your expectations of the relationship and how you both would expect to be treated upon relationship breakdown.

In order to make a Cohabitation agreement as legally binding as possible a few things should be borne in mind.