Cohabitation Agreements

In England and Wales many couples live together who are not married or registered as civil partners. The people in this type of relationship are known as cohabitants. Cohabitants have some legal protection but are often surprised (and deeply shocked) when discovering how in many important areas of life they do not have any or any adequate rights. For example, when a couple are married and the relationship ends, legislation allows the courts to deal with the financial arrangements (property and maintenance). Where a couple are cohabiting and the relationship ends, there is no legal provision for maintenance and where property is to be divided, there is no notion of fairness or reasonableness built into the applicable law.

To help alleviate a significant part of the uncertainty that exists when a couple cohabit, some couples decide to enter into a Cohabitation Agreement. A brief explanation of such an agreement can be found below.

Why have one?
No-one enters into a relationship thinking it will end but there is always a chance that it could and being prepared for that eventuality gives a degree of certainty and reduces the areas of conflict that can arise when a break-up does happen. An Agreement also allows the parties to know and understand their respective positions and wishes from the outset and avoid disputes at a future date.

What matters can they cover?
An agreement will need to address financial and property matters. It should not cover everyday issues and concerns as these can make it vague and uncertain and thus potential unenforceable.

Formalities
An agreement must be in writing, clear and unambiguous, in the form of a Deed and requires both parties to have taken independent legal advice. Taking independent legal advice is essential in ensuring that there is no suggestion in the event of a future dispute that one party took advantage of the other.

Are they legally binding?
This form of Agreement has not been fully tested in Court and so the view of the Court cannot be given with complete certainty. That said, where both parties have received independent legal advice and given full and honest disclosure of their respective positions from the outset, then there are reasonable prospects for believing that the Court will give considerable weight to the parties intentions and wishes at the time the agreement was entered into.

Our Fees
Our clients are individuals. Our Agreements are individual too. We are happy to leave it other firms and organisations to provide standardised Agreements that fit one, fit all but really fit no-one too well.

We therefore pride ourselves on giving our clients a personalised and bespoke service and so our fees are based on what it costs us to give you the Agreement best suited to your needs and circumstances. Our fees are extremely reasonable and competitive and we are happy to discuss these when we meet.