Cohabitation Agreements For Unmarried Partners
Are you living together for the first time? If yes, you may have many unanswered questions such as:
- How do you protect your assets if the relationship ends?
- If you are married then you are protected by the Matrimonial Causes Act 1973.
- No protection is given to you by any Act of Parliament if you are not married.
What can you do?
The answer is to enter into a co-habitation agreement. The agreement can help to set down some practical guidelines for the relationship between you and your partner. Thinking these through early on should make things much clearer and less painful in the event of a breakdown in the relationship.
What To Put In A Cohabitation Agreement?
The following items can be included in a Cohabitation Agreement:
- The purpose of the agreement:- do you intend the agreement to be legally binding or merely a statement of your expectations;
- The length of time the agreement will cover;
- Arrangements for children for example, arrangements for maintenance if you should separate an agreement on having contact;
- How you will treat property owned by either of you at the beginning of the relationship;
- Will property acquired during the co-habitation be shared equally or in proportions set out in the agreement
- How will you deal with debts you have at the beginning of the relationship;
- Inheritance and Wills – what if anything will you leave to each other although it is still important that you both make a Will;
- How will you resolve disagreements; and
- It is much easier to make these agreements at the commencement of the relationship although not very romantic but it will deal with the practical aspects of the relationship and if the relationship ends will dilute any emotional impact on separation.
How To Make A Cohabitation Agreement
Once you have decided to make a Cohabitation Agreement, how do you physically make it? Your agreement is more likely to be treated seriously by a Court if you follow these guidelines for the document which should be:-
- In writing.
- Clear and unambiguous - You have to be very specific about your intentions for example if part of the agreement relates to one of you making financial provision for he other you will need to set out where the money will come from and how it will be paid. Using vague or general terms will make the agreement void for uncertainty.
- In the form of a deed - This means that it is a legal document. The agreement needs to record that it is being signed as a deed in the presence of independent witnesses to your signatures being in writing and dated.
- Made after taking independent legal advice. This is particularly important if the terms of the agreement seem to favour one of you over the other. Otherwise, it may be argued that one of you tried to disadvantage the other unfairly.
Need Help With A Cohabitation Agreement?
Tim Giles at Pearson Rowe is our resident Cohabitation Agreement expert, so please do contact him either by calling him now on 0121 236 7388 or by completing an Enquiry Form.
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Call us on 0800 068 3242 or make a Quick Enquiry and we will soon be in touch to explain how we can help you (no cost and no obligation).
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