Cohabiting Made Easy: Introduction to Cohabitation Agreement

According to the latest statistical bulletin, Families and Households 2017, cohabiting couple family continues to be the fastest growing family type in the UK.

There are 3.3 million cohabiting couple families living in the country.

Why are people preferring cohabitation over marriage?

Convenience has a lot to do with it.

Then some are simply afraid of the possibility of a marriage’s collapse—the distress which follows.

Ironically, things that are pushing us as a society into cohabiting, somewhere down the line, they tend to weaken its very case…

Your cohabiting partner is moving into your house. Great!

You both have decided amicably that even though you own the property, your partner would still be paying you in rent. That way, you won’t be the only one making financial contributions. Quite convenient!

Fast forward to one year into the future, and the two of you decide to call it quits (we hope not!). And suddenly, you find your ex claiming they’re due a stake in your property. At the very least, they want you to reimburse them. They’re threatening you.

A hefty price that you may now pay for the convenience.

You love him. He loves you. You both decide to enter into a cohabiting relationship. Everything is going really well – the two of you have even been blessed with a daughter. You decide to give up your job to raise your sweet little family.

And then, one day, he simply walks away. Your relationship has broken down. You sacrificed everything for this relationship. And now, you’re left with nothing. Even the court can’t help you because cohabiting couples simply don’t have equivalent rights to married couples in the UK.

Distress. Dread it. Run from it. Destiny still arrives!

The solution?

Cohabitation agreement.

It establishes clarity on how the finances are to be arranged and shared between cohabiting partners whilst living together, and lay down the provisions for property division, should the relationship falter in future.

It financially protects the cohabiting partners and helps prevents all those little and major arguments that otherwise can make a sweet relationship turn sour.

Some may find it unromantic, but it will give you and your partner peace of mind.

So how do you get started with cohabitation agreement—how to break the ice and have a frank discussion about it with your partner?

The discussion doesn’t need to be uncomfortable. Consider it a date, where the two of you are planning your future.

One by one, talk about each and everything.

How will the rent be divided? Who pays the bills? What contribution will each of you make to the monthly budget? Children—what about them? And if it fails, what is to happen then?

Have an honest and open discussion, and we assure you everything will be fine. If the two of you can’t agree on a certain provision, leave it for now.

Next, document what has been agreed between the two of you. Speak with a family law solicitor to draft it in a form of agreement. And yes, consult with your solicitor about the provision that you and your partner couldn’t previously agree upon. Your solicitor would also guide you on other provisions that should be included in the agreement.

Review the draft with your partner. Make any changes to it if you wish to.

When everything is agreed, instruct the solicitor to formalise the agreement.

Sign it. Give a copy of it to your partner and keep the original with you.

And the process is complete.

Happy cohabiting!

Any questions about cohabitation agreement that you may wish to ask?

Feel free to reach out, Wembley Solicitors will be happy to serve you.