While there is no obligation for a couple to ever marry or define their relationship with their partner, maintaining this unofficial status can put the couple at a serious disadvantage should something happen to one of them.
It is a misconception that common law husband or wife status is enough to protect a couple that choose to share their assets and support each other for a long period of time. In fact, common law marriages have not been recognised since the 18th century.
When married couples or civil partners divorce or dissolve their relationship, both parties have a legal right to maintenance and sharing of assets in England and Wales. Cohabiting partners do not possess the same rights in relation to each other, regardless of the length of time they have been living together.
While there have been cases in the UK where an individual has successfully argued that long-term cohabitation gives them rights to the estate of a deceased or former partner, there are no guarantees.
If you live with a long-term partner but do not intend to marry or enter into a civil partnership, it is a good idea to consult a legal service provider in order to discuss the benefits of a cohabitation agreement. Ensuring that both parties’ wills are kept up to date can also play an important role in the allocation of assets in the event of a death or relationship breakdown.
Why should you create a cohabitation agreement?
A cohabitation agreement can be useful in formalising information relating to how a jointly occupied property is paid for, how household and family bills are divided and identifying how two individuals’ lifestyles are intertwined. It is otherwise known as a ‘living together’ agreement or a ‘no nup’.
In the event that a separation, a cohabitation agreement documents how a couple plan to split up an estate, personal belongings, bank accounts, debts and joint purchases. It can also outline how children will be supported over and above the statutory legal requirements.
It may not sound very romantic to outline what would happen in the event of a break-up. However, preparing for the worst can help ease the headache of negotiating with your partner should the relationship not work out.
How does it work?
Once a couple have agreed who owns what in the relationship and how assets would be divided in the event of a split, it is the responsibility of one party to have an agreement properly drawn up by a legal service provider. This should then be formalised by sending to the other party’s legal expert for assessment. Once both parties are satisfied, the document should be signed and witnessed.
This forms a legally binding contract that is enforceable in a court of law should a couple decide to separate. In most instances, however, the presence of a cohabitation agreement makes it easier for parties to negotiate the division of assets without resorting to a court hearing.
What does a cohabitation agreement cost
Costs may vary depending on the complexity of the agreement required and also where in the country a couple is based. Legal service providers may charge out to clients on an hourly rate or fixed fee basis.
Is a cohabitation agreement legally binding in the UK?
Cohabitation agreements are designed to provide legal clarity and protection for couples who live together but are not married. In the UK, these agreements can be legally binding, provided they are properly drafted and executed. It's essential to understand how these agreements work, what they cover, and the process of making them enforceable under UK law.
What are cohabiting couples entitled to?
Understanding the rights and entitlements of cohabiting couples is crucial, especially as they differ significantly from those of married couples. This section explores what cohabiting couples in the UK are entitled to in terms of property, financial support, and other legal considerations. It's important to know these rights to ensure both partners are protected.
Is my girlfriend entitled to half my house in the UK?
This is a common question among cohabiting couples, particularly regarding property ownership and rights. The answer depends on various factors, including how the property is owned, any agreements made, and the length of the cohabitation. This section delves into the legal aspects that determine property entitlements in cohabiting relationships in the UK.
What is the Cohabitation Rights Bill 2023?
The Cohabitation Rights Bill 2023 represents a significant development in the legal recognition of cohabiting couples in the UK. This section provides an overview of the bill, its implications for cohabiting couples, and how it aims to address the legal challenges faced by couples who choose to live together without marrying. Understanding this bill is essential for cohabiting couples seeking to know their rights and protections under the law.
If you would like to speak to someone about a Cohabition agreement, start comparing legal service providers now.