Cohabitation Solicitors.

Cohabiting is when two people in a relationship live together on a long-term or permanent basis without being married. Such living arrangements have become increasingly common because of shifts in society over marriage and attitudes on sexuality.

Cohabitation agreements determine the ownership of assets, and what happens during your relationship and after it ends. Their role is similar to prenuptial agreements where they are a pre-emptive document that serves to protect the interests of both people in a couple.

A cohabitation agreement can be drafted to include the following:

• Ownership of property
• Deposit on your home
• What share of the mortgage or rent you will pay
• How household bills will be dealt with
• Bank accounts and money
• Life insurance
• Pensions
• Assets such as cars, furniture, other property, jewellery
• Payment of debts
• Pets
• Next of kin rights

You’ll both need to seek independent legal advice when setting up a cohabitation agreement. This ensures you both understand what the terms are and what they mean. If you don’t do this, the agreement may not be valid.

Legal support at the end of a cohabitation relationship

Cohabitation disputes can be complicated, especially when they involve property. Due to this, we will always advise that you have a consultation with one of our cohabitation solicitors to go through the details of your case. Our initial consultations come with unlimited time to sit down and discuss your case. During the consultation, our cohabitation solicitors will give you an overview of your matter from a legal standpoint and provide you with a more precise cost and time estimate.

Cohabitation agreement drafting 

If you need a cohabitation agreement drafted to avoid potential complications in the circumstance of a future breakdown of living arrangements, the price is from £1,800 + VAT. However, this price will vary depending on your agreement’s complexity, for example, if there are overseas properties or assets. Bear in mind that the cost of divorce according to the Money Advice Service is almost £15,000, so a cohabitation agreement can save you both money in the long term.

Yes, cohabitation agreements are legally binding as long as they have been drafted and executed properly and signed as a deed.

This means both parties taking advice on the agreement before signing the document to ensure you both understand its contents.

It’s entirely possible to draft a cohabitation agreement yourself, but if you don’t get it right, it’s likely to be rejected by the family court when you need to rely on it most.

When looking at cohabitation agreements, family judges will look to see:

1. If it was drafted by a professional

2. If it is fair to both people signing it

3. That both parties signed the agreement knowing exactly what was included and the consequences of doing so

4. That the cohabitation agreement has been kept up to date

A cohabitation solicitor will ensure your document is drafted in adherence to the strict guidance set out.

We are currently unable to offer legal aid in any capacity as we lack the necessary legal aid certificate. We also don’t offer pro bono property law work at present.