Cohabitation Agreements

A cohabitation agreement can be prepared at any time during your relationship, but you should particularly consider it if:

• You are buying a house together, but have contributed different shares to the deposit.
• You are moving into your partner’s house and will be contributing to the monthly mortgage instalments.
• Your partner is coming to live in your house.

Cohabitation following divorce can also be common. 

This can raise concerns about how this new cohabitation can impact the outcome of your divorce settlement. In some cases, it can signal to the court that your financial future is stable and minimise your claim to spousal maintenance.

If your ex-spouse moves in with a new partner, you will still need to keep making maintenance payments. You may be able to apply to the courts to have your payments terminated if you have evidence that your ex-spouse is receiving financial support from their new partner.

Our family solicitors can provide expert advice around cohabitation following divorce, whichever side you are on.

Couples who decide to live together as opposed to marry do not have the same legal protection as married couples, should they separate. 

There is no such thing as a common law spouse. This means even if you have lived together for many years as cohabitants, you still do not acquire certain legal rights. Without the protection afforded by marriage, cohabiting partners often find themselves relying on the Trusts of Land and Appointment of Trustees Act 1996. 

One difference between married and unmarried couples relates to Parental Responsibility and the way this is acquired. 

Parental Responsibility determines who can make important decisions for the child in relation to the child’s welfare and upbringing.  

When all children are born, the mother automatically has Parental Responsibility.  

Where couples are married, the father will acquire Parental Responsibility by virtue of marriage.  

When a couple is not married, the father will only acquire Parental Responsibility if they are named on the child’s birth certificate, enter into a Parental Responsibility Agreement with the mother or obtain a Parental Responsibility Order from the Court.

It is possible for an unmarried partner who lives at the partners home to have a financial interest in the property if certain types of contributions were made towards it. 

If a relationship breaks down and the party’s rights have not been made clear, there can be a lot of uncertainty surrounding a party’s rights and interests. A Cohabitation Agreement will help reduce such uncertainty and create better clarity during difficult times.