Creating a Non-Marital Cohabitation Agreement

If you and your partner live together or are planning on living together soon, then you should consider whether a cohabitation agreement would be beneficial both for your relationship and for yourselves individually.

Unmarried couples do not have certain rights that married couples do which can make life problematic if you decide to separate or if one member of the relationship dies.

Because cohabitation agreements are legal documents, it is best to seek legal advice from a qualified solicitor when drafting an agreement to ensure that it will hold up in court if it is ever needed to.

What is the Current Law on Cohabitation?

The legal rights of cohabiting couples are not the same as the legal rights that apply to married couples or couples in a civil partnership.

When married couples divorce, each party is entitled to a share of the matrimonial assets and potentially a share of non-matrimonial assets too if one party deserves a greater share of assets.

Unmarried couples do not have this entitlement. So, if they were to split up, there is no share of joint assets and one individual could be left in a difficult position.

Many people believe in ‘common law marriage’, where a cohabiting couple are treated as a married couple if they stay in a relationship for long enough or if they have children. Unfortunately, ‘common law marriage’ has not been valid since 1753.

What is a Cohabitation Agreement in the UK?

Cohabitation agreements are legal documents that define a couple’s assets, such as individual finances and property ownership, during a non-marital cohabitation.

They can include anything that either member of the relationship deems to be important. Most cohabitation agreements include instructions on the following:

• Property ownership (before and during the relationship).
• Bills, debts, and other financial information.
• Wills and inheritance in case one party dies.

For cohabiting couples with children, a cohabitation agreement can set out arrangements concerning child maintenance if you were to ever split up, potentially offering you more security as you know what circumstances you can expect for your child.

Cohabitation agreements can also be used by cohabiting groups as well as cohabiting couples.

Are cohabitation agreements enforceable and legally binding?

If you are concerned about cohabitation agreement enforceability due to the lack of legal rights of cohabiting couples, then you should ensure that you and your party are completely honest and upfront with your information that is included in the cohabitation agreement to maximise the chance that it can be enforced by the courts.

As well as this, both parties should seek independent legal advice to provide further guarantee that the agreement will be accurate and legally enforceable.

How a Solicitor Can Help With a Non-Marital Cohabitation Agreement

When you see us about creating a non-marital cohabitation agreement you can expect the following process and services:

Step 1: Initial Consultation

We’ll discuss with you and your partner your reasons for wanting a cohabitation agreement and what you hope to achieve with it.

This includes financial arrangements, property ownership, and responsibilities.

Then we will explain the legal implications of a cohabitation agreement, including how it can protect your interests and what limitations it may have.

You will need to provide detailed information about your financial situation, assets, liabilities, and any other relevant personal information.

Step 2: Drafting the Agreement

Based on the information provided, we’ll draft a bespoke cohabitation agreement tailored to your specific needs and circumstances.

The agreement will be written in clear, precise language to avoid any ambiguity.

It will include essential clauses related to financial contributions, property ownership, dispute resolution, and any other relevant matters.

Step 3: Review and Revision

You and your partner will review the draft agreement. But don’t worry if you don’t understand everything because we will explain each clause and ensure that both parties fully understand the terms.

If there are any changes or additional clauses you wish to include, we will make the necessary revisions.

We will ensure the agreement is fair and reasonable to both parties. Unfair or one-sided terms can lead to the agreement being challenged in court.

Step 4: Legal Advice and Finalisation

Both parties should seek independent legal advice. This means each party may need their own solicitor to review the agreement and ensure their interests are protected.

Once both parties are satisfied with the terms, we will prepare the final version of the agreement.

Both parties will sign the agreement, ideally in the presence of an independent witness. 

Are Cohabitation Agreements Enforceable and Legally Binding?

If you are concerned about cohabitation agreement enforceability due to the lack of legal rights of cohabiting couples, then you should ensure that you and your party are completely honest and upfront with your information that is included in the cohabitation agreement to maximise the chance that it can be enforced by the courts.

As well as this, both parties should seek independent legal advice to provide further guarantee that the agreement will be accurate and legally enforceable.

What are the Benefits of a Cohabitation Agreement?

Here are some of the key advantages:

Clarity and Security

The agreement clearly outlines how finances are managed, including the division of household expenses, joint purchases, and individual contributions.

It specifies who owns what property and how it will be divided in the event of a breakup.

A cohabitation agreement clarifies who is responsible for any debts incurred during the relationship.

Conflict Prevention

By having clear guidelines in place, you can avoid misunderstandings and disputes over money, property, and other issues.

Creating the agreement encourages you to discuss and agree on important aspects of your relationship, which can improve communication and mutual understanding.

Legal Protection

A cohabitation agreement protects your assets and ensures you retain what you brought into the relationship.

The agreement can include terms for financial support if the relationship ends, providing a measure of security for the lower-earning partner.

Although not legally binding concerning child custody or support, the agreement can include outlines on how to manage finances for your children’s benefit.

Customised Arrangements

Allows you to create arrangements tailored to your specific needs and circumstances, unlike the more rigid rules applied to married couples or those in civil partnerships.

You can update the agreement as your circumstances change, ensuring it remains relevant over time.

Should I Notarise my Cohabitation Agreement?

While it is not a requirement to notarise a cohabitation agreement in the UK for it to be legally valid, there are several reasons why doing so can be beneficial:

• Strengthening the Document’s Validity – Notarising the agreement can help to demonstrate that both parties willingly entered into the agreement and were fully aware of its contents.
• Preventing Future Disputes – If disputes arise later, a notarised agreement can serve as stronger evidence that the document was signed voluntarily and without coercion.
• Ensuring Proper Execution – A notary can ensure that all signatures are properly witnessed and that the agreement is executed correctly according to legal standards.

Finding a Living Together Agreement UK Template

You may be able to find many living together agreement variations online but it is very much advised that you visit a trained and qualified family law solicitor to draft your agreement for you to ensure that the document is legally sound.

What is the Difference Between Civil Partnership and Cohabitation?

Civil partnerships are legal relationships that are available for same-sex couples and have been since The Civil Partnership Act came into place in 2005, and are essentially the same as marriage as they grant the same rights to both parties in the civil partnership as a marriage would.

Cohabitation, however, is not a legal relationship and provides no additional rights like civil partnerships or marriage does.

Costs of Creating a Non-Marital Cohabitation Agreement

The costs of creating a non-marital cohabitation agreement in the UK can vary depending on several factors.

The cost of hiring a solicitor to draft a cohabitation agreement can range from £500 to £1,500, depending on the complexity of your situation and the solicitor’s hourly rate. 

Some solicitors offer fixed fee packages for drafting cohabitation agreements, which can provide more certainty over costs.

Can You Write Your Own Cohabitation Agreement?

Yes, you can write your own cohabitation agreement without the need for solicitors. However, it is advisable to speak with a solicitor when it comes to drafting this document.

If you create your own cohabitation document then ensure that you bring it to a legal professional so they can review it and best advise you should it need to be updated.

Here is what should be included in our cohabitation agreement:  

• General details.
• Expenses.
• Asset.
• Debt.
• Children.

Liverpool Cohabitation Solicitors

Non-cohabitation agreements can be a complex legal topic to navigate, especially if you want to create the document yourself.

That’s why we suggest that you contact us for all of your cohabitation agreement needs.

We’re a family law firm that has helped many families with drafting and finalising cohabitation agreements.

If you want the comfort that comes with the security of your finances while cohabiting then we strongly advise that you get in touch with us.

We can sit down with you and draw up a full and inclusive agreement that will be legally enforceable in court should you and your partner ever split up or if your partner passes away.