Cohabitation Agreements

At MSD Solicitors, we recognise that modern relationships come in diverse forms, and many couples choose to live together without getting married. If you are in a cohabiting relationship, a cohabitation agreement can provide invaluable legal protection and clarity for both partners. Our experienced family law solicitors are here to guide you through the process of creating a cohabitation agreement tailored to your unique circumstances. 

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What is a Cohabitation Agreement?

A cohabitation agreement, also known as a living together agreement, is a legally binding contract between unmarried partners who live together. It outlines the rights, responsibilities, and financial arrangements for each partner during the course of the relationship and in the event of separation.

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Who is a Cohabitation Agreement suitable for?

Cohabitation agreements are suitable for couples who live together but are not married or in a civil partnership.

This includes:

• Unmarried Couples: Couples in long-term relationships who have chosen not to marry or enter a civil partnership.

• Cohabiting with Children: Couples who live together and have children but have not married or entered into a civil partnership.

• Blended Families: Couples who have children from previous relationships and are living together as a blended family.

 

Benefits of a Cohabitation Agreement

Creating a cohabitation agreement offers several benefits for both partners and legal protection for finances, children and other responsibilities you both agree to:

• Clarity: A cohabitation agreement clarifies each partner's financial responsibilities and rights during the relationship and in the event of separation, reducing uncertainty and potential conflicts.

• Financial Protection: The agreement can outline how finances and property are shared during the relationship and how assets will be divided in case of separation.

• Child Custody and Support: If the couple has children, the cohabitation agreement can address child custody arrangements and financial support, ensuring the best interests of the children are protected.

• Avoiding Disputes: Having a comprehensive agreement in place can minimise the need for costly and emotionally draining legal battles in the event of separation.

 

Process for a Cohabitation Agreement

1. Initial Consultation

Schedule an initial consultation with one of our family law solicitors. During this meeting, we will discuss your specific circumstances, explain the purpose and benefits of a cohabitation agreement, and answer any questions you may have.

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2. Tailoring the Agreement

Our solicitors will work closely with you to tailor the cohabitation agreement to your unique needs and preferences. We will discuss financial arrangements, property ownership, asset division, child custody (if applicable), and any other relevant considerations.

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3.Full Disclosure of Finances

Both partners are required to provide full and accurate disclosure of their financial circumstances to ensure transparency and fairness in the agreement. This needs to include any income, pensions, property or assets even if they are held abroad.

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4.Drafting the Agreement

Our experienced solicitors will draft the cohabitation agreement based on the discussions and decisions made during the consultation process. You are in full control of what you'd like to include in the agreement as long as you and your partner both agree. Where there are disagreements, we will give you the time you need to discuss and review. We can also clearly explain any implications of your choices and provide further advice to ensure a smooth agreement before progressing any further. 

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5.Review and Signing

Once the cohabitation agreement is drafted, both partners will have the opportunity to review and seek independent legal advice, if desired. Once everyone is satisfied, the agreement can be signed and becomes legally binding.

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6.Regular Review

As circumstances may change over time, it is advisable to review the cohabitation agreement periodically and update it as needed.

 

Empowering Cohabiting Couples with Legal Security

A cohabitation agreement empowers unmarried couples with legal protection and clarity, providing peace of mind as they embark on their journey together. At MSD Solicitors, our dedicated team of family law solicitors is committed to supporting cohabiting couples in creating comprehensive and tailored cohabitation agreements. Whether you are starting a new cohabiting relationship or wish to formalise your current arrangement, contact us today for a confidential consultation. We are here to safeguard your rights and interests, ensuring that your relationship thrives with legal clarity and security.