Co-habitation Agreements

Latest figures show that while divorce and cohabitation rates have soared, marriage rates have fallen.  There have never been so many couples living together in England or Wales, or so many children born outside marriage.  But the legal position of people who live with their partner often seems unclear.  A great many people believe that as a common law wife or husband, they have the same legal rights as a married person.  This is not the case. 

At Tollers, can outline the main areas where difficulties may arise, and to suggest ways of avoiding potential pitfalls.  More and more couples are deciding to make a formal legal agreement about the terms of their relationship.  This might seem cold and cynical, but in some instances, a cohabitation contract does make good sense.

Couples can use a contract to lay down the guidelines of their relationship from the outset.  Items covered might include the purchase of a home, each other’s financial responsibilities or even who will do the domestic chores.

This type of contract is useful because both partners have to think seriously about what they want from the relationship and to work out compromises.  A contract may help couples avoid misunderstandings and resentment because they should both know exactly where they stand.  Obviously the contract is not cast in stone and must be flexible to suit changing needs as time goes by.

A cohabitation contract is also a useful means of deciding what should be done if the relationship comes to an end.  This can save a lot of anguish and bitterness if the issues to be resolved have already been considered.  The actual drafting of the cohabitation contract is very important if problems of enforcement are to be avoided.  In general terms, the more precisely the cohabitation contract is drafted the more clear it will be that the cohabitees intended to create binding legal relations between themselves.

The Family Law Team have been involved in the drafting of a number of cohabitation agreements and will be able to advise you on the advantages and disadvantages of entering into such an agreement.