Cohabitation

The cost depends on the complexity of your circumstances, the assets involved and whether broad agreement has already been reached. Straightforward agreements are generally quicker and less expensive than those involving multiple properties, businesses or significant negotiations. We will explain our likely fees at the outset so you know exactly what to expect.

There are lots of reasons we see, generally agreements are a consideration where a couple are in a long term relationship. 

Having children is often a reason, particularly if this changes working arrangements and ability to earn money. Perhaps the most common trigger event we see is where one party is moving into a property owned by the other or a couple are buying a property together.

Yes. If one partner contributes a larger deposit, pays more towards the mortgage or funds significant improvements to a property, the agreement can record those intentions and help reduce the likelihood of disputes later.

Often, yes, but this applies if you own a property, either one of you or jointly. A Declaration of Trust records how a property is legally and beneficially owned, whilst a cohabitation agreement deals with wider financial arrangements between the couple. They frequently work together and provide greater certainty than either document alone.

This is becoming increasingly common, particularly where parents are contributing towards a property purchase or making a substantial financial gift.

Parents often want to ensure money intended for their child is protected if the relationship later ends. Whilst nobody can be forced to sign a cohabitation agreement, entering into an agreement might be a pre-condition for gifting money imposed by parents.

A properly drafted cohabitation agreement is generally enforceable under the ordinary principles of contract law. If one party fails to comply with its terms, the other may be able to rely on the agreement during negotiations or, where necessary, ask the court to enforce its contractual obligations.

There may well be a crossover between a cohabitation agreement, property law rights and financial obligations towards children where separate applications to court may be made if necessary. Having a cohabitation agreement can help avoid potential future claims in our experience.

It can record the parents' intentions about practical financial arrangements, such as how certain expenses will be shared, but it cannot override the court's powers where children are concerned.

If disputes later arise about where children live, the time they spend with each parent or financial provision for children, the court's primary consideration will always be the child's welfare.

It can record what you both intend should happen, for example whether one partner will buy out the other, whether the property should be sold or whether one person should remain in the property for a period of time. Recording these intentions in advance often helps reduce uncertainty and future disputes.

Disputes can become significantly more complicated. The outcome will often depend on property ownership, financial contributions, documentary evidence and the parties' intentions. Without a written agreement, disagreements are more likely and can be considerably more risky and expensive to resolve.

With no cohabitation agreement in place, this is likely to mean you will benefit from a professionally drafted separation agreement to address and resolve any ongoing financial ties as well as arrangements for children. See here for our services and experience with separation agreements.