Cohabitation Agreement – What You Should Know

According to a report published by the National Office for Statistics, cohabiting families have grown by 29.7 percent, between the years 2004 and 2014.

This type of family is one the fastest growing families in the U.K. however, cohabiting couples do not have many legal rights, unlike their married counterparts. The financially weaker partner most often finds themselves in hot water. This is true for women who are dependent on their partners and have children.

Once the couple decides to end their relationship, the partner who is financially dependent will have to find ways to support themselves. This also includes property that both are living in.

Why Opt for a Cohabitation Agreement

When married couples divorce, both have legal rights to the property they have invested in. This can be solved through legal claims. If one has paid the mortgage or taken care of the children, they have the legal right to file for a property claim.

But for those in a cohabitation relationship, the legal process works differently. Common-law spouses are not considered to be actual married couples in the U.K.

If your partner owns something, you cannot make a claim. Similarly, if both partners have invested in certain things, the financially stable partner gets to make the claim.

Therefore, it’s important to sign a cohabitation agreement.

What Can You Include in a Cohabitation Agreement?

In the event that you leave your partner, a cohabitation agreement can help make the legal process simpler. You can include the following in your agreement:

  • Division of property
  • Division of contents
  • Division of assets
  • Splitting savings
  • Managing bank accounts and debt
  • Handling joint purchases (Or bank accounts)
  • Child support/benefits

Such agreements are also helpful in the event of harassment from the other side. Whether this takes place legally or not, you will have proof of what belongs to you. The contract also acts as a legal aid in the event of a claim.

It acts as amicable agreement that makes the splitting of assets easier for both parties. It also maps out the roles that both partners need to play in the event that they break up.

At Wembley Solicitors, we provide legal aid/advice to common-law couples filing for a cohabitation agreement. You can visit our website for a better understanding of the laws in the U.K., or call 020 3417 3700 for further information. You can also send an email to info@wembleysolicitors.com for questions/queries.

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