Cohabitiation & Your Rights | Waddington Turner Wall Solicitors

Family Law - Cohabitation - montage of images

Cohabiting couples have far fewer legal rights than married couples. It is sensible that a cohabitation agreement is drawn up as soon as possible.

What is a cohabitation agreement?

A cohabitation agreement is a binding contract between you and the person you live with.

A cohabitation agreement can cover the following:

Ownership of property
Division of finances, for example division of bills and joint accounts
Generally any matters relating to land, property, money and assets.
What should happen in the event of long-term illness.

Personal and trivial matters should not be put on a cohabitation order as it risks it being invalidated

Its important to note that cohabitees, unlike married parties, have no automatic legal right to inherit upon death. This can not be remedied by a cohabitating agreement and its therefore suggested that the parties create a will to that effect etc.

What is cohabitation? There is no definition of cohabitation in English law and therefore being in a cohabiting relationship covers anyone who lives together, this is not limited to couples in a realtionship.

What are my cohabitation rights? Cohabiting couples do not have the same rights as married couples when it comes it property, finances and assets. There is no such thing as a “common law marriage”. In the event of a breakdown, cohabiting couples do not have an automatic right.

Do I need legal representation to draft a Deed of Cohabitation? It is highly recommended to have legal representation to prepare the agreement to ensure it is legally sound and reflects the intentions of the parties.

Can a Deed of Cohabitation be changed? Yes, the agreement can be amended if both parties agree to the changes. It is advisable to document any amendments formally and obtain legal advice.

What happens if we do not have a Deed of Cohabitation? Without an agreement, the division of assets and responsibilities may be subject to general legal principles, which may not reflect the intentions of the parties involved. This can lead to disputes and potentially costly legal proceedings.

How long does a Deed of Cohabitation last? The agreement remains in effect as long as the parties are cohabitating or until it is terminated by mutual consent or superseded by another agreement.

Can a Deed of Cohabitation cover future events? Yes, the agreement can include provision for future events, such as the purchase of a property or changes in financial circumstances to provide flexibility.

What should we do if we separate? If separation occurs, the Deed of Cohabitation will guide the division of assets and responsibilities. It is advisable to obtain legal advice to ensure the terms are implemented correctly.