Cohabitation Agreement Solicitors

Cohabitation agreements are increasingly popular legal documents for couples who live together, or are planning to live together, but are not married or in a civil partnership. They can be an essential tool for the purposes of wealth protection.

What is a cohabitation agreement?

Cohabitation agreements outline the rights and responsibilities of each partner, providing clarity and protection in various aspects of your shared life.

Whether you are moving in with your partner for the first time or have been living together for years, a cohabitation agreement can help prevent misunderstandings and disputes. However unromantic the notion of a cohabitation agreement might appear, they can reduce friction in the relationship and set it on firmer foundations.

The cohabitation agreement can cover important areas such as property ownership, financial contributions and arrangements for children. By clearly defining these terms, you and your partner can feel secure and confident in your relationship.

Creating a cohabitation agreement is a proactive step towards ensuring that you and your partner are on the same page, fostering a harmonious and transparent living arrangement. It’s a practical way to safeguard your interests and plan for the future, no matter what it holds.

Is a cohabitation agreement legally binding?

Yes, a cohabitation agreement can be legally binding, provided it is properly drafted and executed. For it to be enforceable, best practice is that:

• Ideally it should be drafted as a deed: this means it must be signed and witnessed correctly.
• It reflects both parties’ understanding and agreement.
• Each party should receive independent legal advice to ensure you both understand the terms and implications of the agreement.

When these conditions are met, a cohabitation agreement will be upheld by the courts, offering legal protection and clarity for you and your partner.

Incredibly versatile, cohabitation agreements can:

• Define your obligations during the relationship, such as:
  1. How the property is held between you and your partner;
  2. What contributions to household expense both parties will make;
  3. How household improvements will be paid for; and/or
  4. How debts will be managed.
• Define your rights following your partner’s death or on separation, such as:
  1. Rights to reside if you or your partner die;
  2. Options for one or both of you to buy the other out of the property on separation; and/or
  3. How jointly acquired assets are distributed between you following a separation.

How much does a cohabitation agreement cost?

The cost of preparing a cohabitation agreement can vary widely based on several factors such as:

• The complexity of the agreement: If the agreement involves detailed arrangements regarding property, finances and children, it will require more time and expertise to draft, increasing the cost.
• Assets and financial situations: The more assets and financial interests involved, the more complex the agreement will be. This includes property ownership, investments, pensions, and savings.
• Negotiations: If there are significant negotiations required to reach an agreement, this can increase the time and cost involved.

How can a cohabitation agreement solicitor help?

Cohabitation Agreement Solicitors can provide invaluable assistance to you in several ways:

• Expert advice: we offer a combination of specialist knowledge and practical experience, ensuring that your agreement is comprehensive and legally sound.
• Drafting the agreement: we can draft the agreement to reflect your specific circumstances and intentions, covering aspects such as property ownership, financial contributions, and arrangements for children.
• Legal clarity: through careful drafting we can ensure clarity in respect of your legal rights and obligations, making sure both you and your partner understand the implications of the agreement.
• Negotiation support: if changes need to be made so that both you and your partner are happy with the terms of the cohabitation agreement, our cohabitation agreement solicitors can help mediate and negotiate terms that are acceptable to you both.

By working with our cohabitation agreement solicitors, you can ensure that your interests are protected, and that the agreement is robust and enforceable.

Local cohabitation agreement expert

Our team of specialist cohabitation agreement solicitors, based in Exeter, Truro, and Taunton, have years of experience helping our clients to prepare cohabitation agreements, as well as assisting them through separations.

Our lawyers are empathetic and focused on achieving your wishes and needs. We can only act for one of the parties to a cohabitation agreement, but we recognise that tact is required to ensure the process is a positive one, setting the relationship on solid foundations.