Cohabitation

In today’s society more and more people live together without formalising their relationship but face similar issues to those who are married or are in a civil partnership. At Prolegal, our team of highly experienced family lawyers are able to advise you of appropriate matters to consider if you are thinking of moving in with your partner, including your legal rights in the unfortunate event that the relationship breaks down.

Cohabitation agreements (living together agreements) 

A cohabitation agreement is a form of legal agreement between couples who have chosen to live together. It can set out arrangements that apply while the couple is living together, as well as establishing rights if the relationship should breakdown.

The main issues that could be covered in a cohabitation agreement are:

• Ownership of real and personal property 
• Finances, including how to divide bills and resolve ownership of joint accounts 
• Children, including their maintenance and surnames, although any agreement made in relation to children will be limited by the Children Act 1989 and will be open to review by the court
• Other matters which are not too trivial 

This is still a relatively new area of law and, as yet, there is no modern decision on the validity of such agreements. The courts have, however, indicated that there is nothing contrary to public policy in a cohabitation agreement, and more and more couples are seeking them.

To ensure a cohabitation agreement has the best chance of being upheld by a court, it is advisable that:

• Each party has independent legal advice
• Each party has provided full financial disclosure

If a clear agreement is reached at the outset, time and money can be saved in the event of a separation.

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