It is not unusual for couples to live together, buy a property and decide not to or have not got round to marry or form a civil partnership. If the relationship ends, the legal process is different than it is for married couples. For cohabiting couples, it is recommended that they enter a cohabitation agreement as early as possible within their relationship.

What is a cohabitation agreement?

A cohabitation agreement is a legally binding contract. Having an agreement can reduce the uncertainty if your relationship ends, it specifies what you would like to happen concerning money and assets in the event of separation. It can also protect whoever held the assets when they first entered the relationship.

Our cohabitation solicitors can guide and assist you through the process.

What are the benefits of having a cohabitation agreement?

It may feel unromantic to have arrangements in place in the instance your relationship breaks down, a cohabitation agreement can provide you with certainty and peace of mind, and offer the following advantages:

•  Reduces future disputes concerning ownership.
• Flexibility and freedom to organise financial affairs as you wish.
• Safeguard your financial security.

What happens if we get married?

When you and your partner get married your cohabitation agreement will cease to exist as you will be subject to matrimonial law. A Prenuptial agreement sets out what should happen if a married couple separates, if you are interested in using this service contact us at 0161 0798 9000.

What happens to a cohabitation agreement if one of you passes away?

If you are anxious about what will happen if your partner dies whilst you are cohabiting, it is important to seek advice about writing a will and to ensure you declare your wishes in your cohabitation agreement.

What is the difference between a cohabitation agreement and a declaration of trust?

A declaration of trust records the way in which the proportions of the property are held and determines how any proceeds of a sale will be divided if the property is sold. The declaration of trust will record any initial contributions towards the property, it will also consider who will pay the mortgage or if the value of the property increases due to a certain individual within the relationship.

Cohabitation agreements are more comprehensive and will dictate what will happen should the relationship breakdown. They specify what happens to any assets individuals had before their relationship. However, cohabitation agreements also cover day-to-day matters such as who is responsible for paying the mortgage, household bills, the cost of repairs and many more factors. Cohabitation agreements can also include the details of living together such as pets and smoking within the property.

If you would like to speak to one of our family solicitors about a cohabitation agreement, call us on 0161 798 9000.