Cohabitation Agreements FAQs

Cohabitation Legal Advice in East Sussex and Kent

Frequently Asked Questions

1. What is a cohabitation agreement? A cohabitation agreement is a legal document that outlines the financial and property arrangements between unmarried couples who live together. It helps prevent disputes and ensures both partners understand their rights and obligations.
2. Why should we consider a cohabitation agreement? A cohabitation agreement provides clarity and legal protection for unmarried couples. It can seek to safeguard assets, clarify financial responsibilities, and outline arrangements for property if the relationship ends.
3. Are cohabitation agreements legally binding? Yes, it is possible for cohabitation agreements to be legally binding, but it is a developing area of the law, so it is best to get legal advice if considering entering into such an agreement.
4. What should be included in a cohabitation agreement? A well-drafted cohabitation agreement should cover property ownership, mortgage and rent payments, household bills, savings and investments, debts and loans. An agreement can also address Child Support, if it is intended that this will be more generous than the state run Child Maintenance Service’s determination.
5. Can a cohabitation agreement protect my property? Yes, a cohabitation agreement can specify who owns the property and in what shares, ensuring that your property remains yours if the relationship ends.
6. How does a cohabitation agreement affect children? An agreement can also address Child Support, if it is intended that this will be more generous than the state run Child Maintenance Service’s determination. It could also set out  what arrangements there should be for children if a split occurs which, although not be legally binding (and subject to Court oversight) would show what each parent was hopeful of achieving and that had been agreed on previously.
7. Do we need a lawyer to create a cohabitation agreement? It is highly recommended to consult a solicitor to ensure the agreement is legally sound and covers all necessary aspects.
8. What happens if we don’t have a cohabitation agreement? Without a cohabitation agreement, financial and property disputes can lead to costly and lengthy legal battles. Cohabiting partners do not, on separation, have recourse to Divorce Law, which deals with how disputes between separating married couples will be resolved.
9. Can a cohabitation agreement be updated? Yes, a cohabitation agreement can be updated as circumstances change, such as the birth of a child or significant changes in financial status.
10. Are cohabitation agreements only available to opposite sex couples?  No, opposite sex or same sex couples can enter into a cohabitation agreement?
11. How do we make a cohabitation agreement legally binding? To make a cohabitation agreement legally binding, both parties should receive independent legal advice, and the agreement should be signed and witnessed.

For confidential, friendly advice from a team of local cohabitation experts, get in touch with Elaine Parkes Solicitors on 01424 883183.