Cohabitation agreements

If you are in a cohabiting relationship and require legal advice or assistance, our cohabitation solicitors are here to help.

More about Cohabitation agreements

We can provide guidance on cohabitation agreements, property ownership, and other legal issues that may arise. Our cohabitation agreement solicitors understand that every cohabitation case is unique, and we work closely with our clients to ensure that their individual needs are met.

What is a Cohabitation Agreement?

What is a Cohabitation Agreement?

A cohabitation agreement is a legal agreement between two people who live together but are not married. This agreement sets out the rights and responsibilities of each partner, and can include issues such as property ownership, financial support, and decision-making authority. A cohabitation agreement can help to provide clarity and certainty in a relationship and can be particularly useful if the relationship ends.

Cohabitants do not have the same rights as a married couple, and thus in the event of a relationship breakdown one person could end up with everything, the other with nothing.

Similar to a prenuptial agreement, this living together agreement covers couples if they end their relationship and can outline exactly what they take from the dissolved relationship, and if they have to pay towards certain things. A cohabitation agreement can outline :

  • How personal savings are distributed

  • How jointly owned possessions are divided

  • How much rent or mortgage a partner will pay

  • How child support will be paid if the relationship ends.

Plus many more elements. Of course a cohabitation agreement can sound unromantic, but more and more couples are covering themselves with this legal document to save financial heartache and emotional stress further down the line, should their relationship come to an end. Forbes are helping take the stigma out of these agreements with their friendly service.

Why choose our cohabitation solicitors?

Why choose our cohabitation solicitors?

Forbes expert solicitors understand that this cohabitation agreement, also known as a living together agreement, can seem daunting and perhaps very business-like and unloving. Forbes Solicitors have a specialised team to work with couples to help them better understand and agree on the terms of their cohabitation agreement, all in a friendly and helpful environment.

How can our cohabitation lawyers help?

How can our cohabitation lawyers help?

Here at Forbes, we have a team of sympathetic and understand solicitors who can work with both parties to outline exactly what elements will be introduced into this agreement. Working with you to decide who owns what and how financial support will be paid should it be required.

We deal with many cases concerning cohabitation agreements. For example, we can help establish who owns a house and discern whether the other party has any financial interest and what the chances are of that person claiming any financial gains should the relationship end. This includes houses that may be solely in the other party's name.

Seeking expert advice from Forbes is the first step in ensuring both parties walk away from a relationship, should it break down, with exactly what they are owed, outlining all assets and financial implications along the way.

We tailor all our services, including those involving cohabitation agreements, to make sure we can offer the most personal and cost effective solution and our friendly advisors will help you draw up a cohabitation agreement, or if you already have one, advise you on any disputes.

Cohabitation agreements FAQs

How much does a co-habitation agreement cost?

With every individual case being different, it's difficult to say exactly how much you can expect to pay for a consultation or to draw up a co-habitation agreement with Forbes Solicitors. The cost of our services will depend on the level of work that is required from us. With this being said, we are more than happy to discuss your case and come to a financial agreement that works for everyone involved. We understand completely the financial impact that Covid-19 is going to have on a lot of people and are determined to ensure that each and every one of our clients receives the help that they deserve. For professional help with your co-habitation agreement, contact Forbes today.

What is cohabitation and how is it different from marriage?

Cohabitation is when two people live together in a romantic relationship without being married. It is different from marriage because cohabiting couples do not have the same legal rights and responsibilities as married couples under UK law. For example, cohabiting couples do not have automatic inheritance rights or the same financial protections in the event of a separation.

Do cohabiting couples have the same legal rights as married couples?

No, cohabiting couples do not have the same legal rights as married couples. Cohabiting couples do not have automatic rights to each other's property or assets, and they do not have the same legal protections in the event of a separation or death. It is important for cohabiting couples to have a cohabitation agreement in place to protect their interests.

What happens to property and assets in the event of a cohabiting couple's separation?

Cohabiting couples do not have the same legal rights as married couples. Therefore, in the event of a separation, property and assets will be divided based on ownership and contributions made by each partner. If there is no agreement in place, the matter may need to be resolved through the courts. It is recommended that cohabiting couples create a cohabitation agreement to protect their assets and property in case of a separation.

Can cohabiting couples make a cohabitation agreement to protect their assets and property?

Yes, cohabiting couples can make a cohabitation agreement to protect their assets and property. This agreement outlines how assets and property will be divided in the event of a separation or death. It is recommended that couples seek legal advice when creating a cohabitation agreement to ensure that it is fair and enforceable under UK law.

What are the legal requirements for a cohabitation agreement?

A cohabitation agreement is not legally binding, but it can be used as evidence in court if a dispute arises. To be valid, the agreement must be in writing, signed by both parties, and each party must have received independent legal advice before signing. The agreement should also clearly state the intentions of the parties regarding property ownership, financial contributions, and other matters related to their cohabitation.

Can a cohabitation agreement be challenged in court?

Yes, a cohabitation agreement can be challenged in court if it is deemed unfair or if there was undue influence or coercion involved in its creation. However, if the agreement was properly drafted and both parties entered into it voluntarily with full understanding of its terms, it is less likely to be successfully challenged. The court will consider the specific circumstances of each case when making a decision.

What happens if one partner dies without a Will in a cohabiting relationship?

If one partner dies without a Will in a cohabiting relationship the surviving partner will not automatically inherit anything from the deceased partner's estate. The estate will be distributed according to the rules of intestacy, which prioritise blood relatives over unmarried partners. The surviving partner may need to make a claim against the estate to receive any assets or financial support. It is therefore important for cohabiting couples to make Wills to ensure their wishes are carried out after their death.

Can a cohabiting partner make a claim on their partner's estate if they die without a Will?

Cohabiting partners do not have automatic inheritance rights if their partner dies without a Will. However, they may be able to make a claim on their partner's estate under the Inheritance (Provision for Family and Dependants) Act 1975 if they can prove they were financially dependent on their partner or were living together as if they were married or in a civil partnership. The court will consider various factors before deciding whether to award any inheritance to the cohabiting partner.

What are the legal implications of having children in a cohabiting relationship?

Cohabiting couples do not have the same legal rights and protections as married couples. This can have implications for issues such as parental responsibility, inheritance, and child support. It is important for cohabiting parents to make legal arrangements, such as a cohabitation agreement or a parental responsibility agreement, to protect their rights and the rights of their children.

Can cohabiting couples adopt children together?

Yes, cohabiting couples can adopt children together. The Adoption and Children Act 2002 allows unmarried couples, including those in a cohabiting relationship, to adopt jointly. However, they must meet the same eligibility criteria as married couples and go through the same adoption process. The couple must also demonstrate that they have a stable and committed relationship and can provide a safe and loving home for the child.

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