What is a cohabitation agreement?
It’s an uncomplicated way of ensuring you both know where you stand – a clear, concise and comprehensive agreement which you both sign up to covering all the key aspects of your life together.
Why do you need a cohabitation agreement?
Crucially, and even though you don’t think you’ll ever split up, it can address many of the financial and practical issues involved if this happens, including child arrangements.
It also covers what happens if one of you dies. Again, this is different to married couples or those in a civil partnership.
Whilst it may seem unromantic to take out an agreement that only kicks in if your relationship breaks down or on death, a properly drafted cohabitation agreement is legally binding in most cases and saves massively on stress and expense if this happens.
What can a cohabitation agreement cover?
A cohabitation agreement can be as detailed as you like covering the arrangements you make while you are living together and how things should be divided if you split up. This can include:
- Finances – contributions you’ve made to joint bank accounts, savings and pensions.
- Property – who owns what and in what proportions and who is paying what share of the mortgage, the household bills, any endowment policies linked to the mortgage as well as life insurance premiums.
- Financial provision for children and child arrangements.
- If one of you dies – an up to date Will here is invaluable as well as looking at whether life insurance policies and pensions can be nominated to the surviving person.
- Personal possessions, house contents, even pets.
Why do we need a solicitor for a cohabitation agreement?
Using a solicitor to draw up a cohabitation agreement means it will cover all eventualities, reflect your best interests and those of any children, and ensure your full financial position is included.
The agreement must be clearly drafted, with no vague or ambiguous terms which might make it difficult to enforce. It must be fair and both you and your partner need to have independent legal advice.
You can make it at any time, when you start living together or later, and you can update it – known as ‘varying’ – after any important life changes, for example, the birth of any children. This should be done by a solicitor.
We can talk you through everything you need to know, including having an up to date Will, a vital part of the bigger picture.
