While there is no obligation for a couple to marry or formally define their relationship, remaining unmarried can put both partners at a serious disadvantage if something happens to one of them.
It is a misconception that being a common law husband or wife is enough to protect a couple who share assets and support each other over 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 the sharing of assets in England and Wales. Cohabiting partners do not have the same rights in relation to each other, regardless of how long they have lived 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 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 how two people’s lifestyles are intertwined. It is also known as a ‘living together’ agreement or a ‘no nup’.
In the event of a separation, a cohabitation agreement sets out how a couple plan to divide 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 set out 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 if the relationship does 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 sent to the other party’s legal expert for review. Once both parties are satisfied, the document should be signed and witnessed.
This creates 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 both 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 where in the country a couple is based. Legal service providers may charge clients on either an hourly rate or a 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 is important 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 may be entitled to in terms of property, financial support, and other legal considerations. Knowing these rights can help both partners protect their interests.
Is my girlfriend entitled to half my house in the UK?
This is a common question among cohabiting couples, particularly when it comes to property ownership and rights. The answer depends on various factors, including how the property is owned, any agreements that are in place, and the nature of the couple’s financial arrangements. This section explores the legal factors 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 who want to better understand their rights and protections under the law.
If you would like to speak to someone about a cohabitation agreement, start comparing legal service providers now.
