A cohabitation agreement is a legal document designed for couples who live together but are not married. While it may not be something couples like to think about when they’re starting a relationship, having a cohabitation agreement in place can provide a range of practical benefits. Laura Sellick-Tague outlines some of the key advantages:
- Clarifies Financial Responsibilities
One of the main benefits of a cohabitation agreement is that it clearly defines each person’s financial responsibilities. This can cover things like how rent, utilities, and household expenses will be divided, or who is responsible for what debts. By laying out these details upfront, the agreement can prevent misunderstandings or disputes down the line.
- Protects Property Rights
In the event that the relationship ends, a cohabitation agreement can help protect both parties’ property rights. If one partner owns a home or other significant assets, the agreement can outline how those assets will be treated in the case of separation. This can be especially important for couples who live together but have separate financial lives, as it ensures that one person’s assets aren’t automatically considered joint property.
- Provides Clarity on Inheritance and Estate Issues
Unlike married couples, unmarried partners don’t automatically have inheritance rights. A cohabitation agreement can help clarify what happens to each partner’s assets if one person passes away. This can ensure that both parties are on the same page regarding estate planning, avoiding confusion or legal disputes in the future.
- Sets Expectations for Breakups
While no one wants to think about breaking up, a cohabitation agreement can provide a clear roadmap for how things will be handled in the event of a split. It can cover matters like division of shared property, handling of joint debts, and whether one partner will owe financial support to the other. By having these details agreed upon in advance, the emotional stress of a breakup can be reduced.
- Offers Legal Protection
There is a common misconception that living together for a certain period of time can result in the recognition of common-law marriage or certain legal rights, this does not apply in the UK. A cohabitation agreement can help prevent uncertainty by clearly stating the couple’s intentions regarding their relationship and the document can be referred to as evidence as to the parties intentions in the event financial matters are disputed later.
- Encourages Communication
Discussing and negotiating the terms of a cohabitation agreement requires open communication about important issues such as money, property, and long-term goals. This process can strengthen the relationship by encouraging honesty and ensuring both partners are aligned on key aspects of their lives together.
Conclusion
While it might seem like an uncomfortable topic, a cohabitation agreement is a smart way to protect both partners in a relationship. It offers clarity, security, and peace of mind, ensuring that both parties understand their rights and obligations. Whether you’re moving in together for the first time or have been living together for years, a cohabitation agreement can provide a solid foundation for your future together.
How we can help?
If you are contemplating cohabitation, our team can advise on the agreements that can support your relationship.
Laura Sellick-Tague is an Associate Lawyer and Chartered Legal Executive in the Family Law team at Wollens.
Please contact us [email protected]
Call 01803 225161
Wollens has offices in Torquay, Exeter and Barnstaple in Devon.
Call us on;
South Devon 01803 213251
Exeter 01392 274006
North Devon 01271 342268
Family Law | Wollens Solicitors
