Unmarried couples and Cohabitation Agreements

Many unmarried couples believe that if they live together (cohabit) for long enough, they will acquire similar legal rights to those of married couple and that they will become what is colloquially referred to as a ‘common law wife or husband’ and will be entitled to come support or to share their property after they split up.

Unfortunately this is not the case.

Call our Solicitors in Chester


Cohabitation Agreements: How we can help

The law applicable to partners interests at the end of a cohabiting relationship is highly complex, and disputes can be very expensive to resolve. It is sensible, therefore, to try and agree in advance with your partner what should happen to your money and any property your occupy in the event that you split up.

A method of doing this is by entering into a Cohabitation Agreement which sets out what your property interests are at this point in your relationship, and what you both intend to happen if the relationship ends. This can be entered into at any time when you live together, or even before you start to do so.
They can be particularly useful when one partner purchases a property into which both people move, or when children are born.

Cohabitation Agreements can therefore deal with many issues including:-

  • ownership of property, and the parties’ assets;
  • it may stipulate what each party is going to pay in relation to the mortgage repayments;
  • how household bills are to be dealt with and any other financial issues;
  • a stipulation whether the parties intend to make a will and if so what gifts and legacies may be in that will;
  • setting out arrangements for care of the children.

Cohabitation Agreements can also be made for a specific term and have provisions dealing with when the agreement should be reviewed and/or it can include an important statement setting out the purpose of the legal document.

It is important to remember that although Cohabitation Agreements are not legally binding, in the event of a later dispute with your partner, the information contained within the agreement will be highly persuasive as evidence of both parties’ intentions.

Cohabitation Agreements: Get In Touch Today

If you would like specialist advice then please contact us.

Book Your Free 30 Minute Appointment

What People Are Saying About Us

“Colin’s help throughout my divorce was second to none.  He is undoubtedly an expert divorce solicitor but he explained everything to me in a straightforward and easy way. I was regularly kept up to date and the outcome was fantastic and the costs very reasonable. I have no hesitation in saying Freeman Jones Solicitors come highly recommended.”

Andrew Jones

Superb, prompt and effective service which is what is required when a client such as myself presents with such different circumstances. I cannot praise Mr Colin Freeman enough. His staff are a superb support to him.

Family Client

I am so glad that I chose you to be my solicitor Colin.  I will always be grateful for your support at such a terrible time when I thought I had lost everything.  After you have helped me sort such a good outcome from my divorce I’m happy to tell you that I feel that my life is now back on track and I feel happy and free again.

Alan – Divorce Client

My divorce was a harrowing experience, therefore having Mr Freeman represent me was the best decision I made. Thank you for all your advice, efficiency and understanding. A friendly manner throughout made for a much less stressful time for me. I knew I was in very good hands.

Mrs Whittle

Related Family Law Articles