Protecting the Rights of Unmarried Couples
As more couples choose to live together without marrying, it’s essential to understand that cohabiting partners do not have the same legal rights as married couples. A Cohabitation Agreement provides clarity and protection for both parties, outlining financial arrangements and responsibilities during the relationship and in the event of separation. At Waely Law, our experienced family law solicitors can assist you in drafting a tailored agreement to safeguard your interests.
A Cohabitation Agreement, also known as a living together agreement, is a legal document between unmarried couples who live together. It sets out the rights and obligations of each partner concerning property, finances, and other assets, both during the relationship and if it ends. This agreement can help prevent disputes and provide a clear framework for managing shared responsibilities.
Unlike married couples, cohabiting partners have limited legal protection under UK law. A Cohabitation Agreement offers several benefits:
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Asset Protection
Clearly defines ownership of property and assets, ensuring both parties' contributions are recognised.
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Financial Clarity
Outlines how bills, debts, and other expenses will be managed, reducing potential conflicts.
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Arrangements for Children
Specifies responsibilities regarding children, including financial support and living arrangements.
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Peace of Mind
Provides certainty and reduces the risk of misunderstandings or disputes in the future.
A well-drafted Cohabitation Agreement should address:
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Property Ownership
Details who owns what and in what proportion, including property acquired before and during the relationship.
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Financial Contributions
Clarifies how rent or mortgage payments, utilities, and other household expenses will be divided.
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Debts and Liabilities
Specifies responsibility for any debts incurred individually or jointly.
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Personal Possessions
Outlines what happens to shared belongings if the relationship ends.
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Children
Sets out agreements regarding child support, care, and living arrangements.
While not automatically legally binding, courts are likely to uphold a Cohabitation Agreement if:
Both parties entered into it freely and voluntarily.
There was full disclosure of relevant information.
Each party had independent legal advice.
The terms are fair and reasonable.
Ensuring these conditions are met increases the likelihood that the agreement will be enforced.
It’s advisable to draft a Cohabitation Agreement:
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Before Moving In Together
To set clear expectations from the outset.
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At Any Point During Cohabitation
Even if you've been living together for years, it's never too late to formalise arrangements.
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When Circumstances Change
Such as purchasing property together, having children, or significant changes in financial situations
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A Cohabitation Agreement is a legal document that outlines the rights and responsibilities of unmarried couples living together, covering aspects like property ownership, financial arrangements, and responsibilities if the relationship ends.
Unmarried couples do not have the same legal protections as married couples. A Cohabitation Agreement helps clarify each partner’s rights and responsibilities, reducing potential disputes and providing financial security.
At Waely Law, we make the legal process clear, efficient, and stress-free. Here’s what you can expect when you reach out to us:
Advicenow: Make a living together agreement – Guidance on creating a cohabitation agreement.
Citizens Advice: Living together and marriage – legal differences – Information on legal differences between cohabitation and marriage.
