If you are living with someone or planning to move in together, a cohabitation agreement can help you both have a clear understanding of how issues such as finances and children will be dealt with.
Putting a cohabitation agreement in place can reduce the risk of misunderstandings and disagreements, and give you a level of certainty for the future.
At Crisp & Co, our cohabitation agreement solicitors in London have a high level of experience in tailoring agreements to suit couples’ needs and circumstances. We will work with you to establish what you want to include and draft a clear and robust agreement to protect your assets and ensure that you have the framework you need for your future together.
Our expert team can support you in various ways, including:
- Advice on what to include in a cohabitation agreement
- Drafting a cohabitation agreement
- Independent advice if you have been given a cohabitation agreement to sign
- Negotiating the terms of a cohabitation agreement
- Buying a property as an unmarried couple
- Cohabitation disputes
- Separation for unmarried couples
For more information on our services, see our family law solicitors in London page.
Get in touch with our expert cohabitation agreement solicitors at Crisp & Co today
If you are looking for expert cohabitation London solicitors, our team is here to help.
You can give us a call on 020 8003 4216 or request a free call back by filling out the enquiry form on the right hand side of our home page.
What is a cohabitation agreement?
A cohabitation agreement is a document setting out how a couple intends to deal with issues such as property, finances, and children while they are together and in the event that they separate.
Also referred to as a ‘living together agreement’, a cohabitation agreement can offer a level of protection for the future. By discussing potentially difficult issues at the outset and coming to a clear agreement, complications can often be avoided.
For more information, see our blog, What is a cohabitation agreement?
Why you need a cohabitation agreement in London
Unmarried couples’ rights are very minimal compared to those of married couples, which means that there is a risk that one partner could be left in a financially vulnerable position. This can be particularly difficult in the capital, where it may be difficult for an individual to buy out a former partner’s interest in a shared property or find somewhere appropriate to rent. This can be particularly important if children are involved.
By putting a cohabitation agreement in place, you can ensure that you have a plan that will protect both parties.
Without a cohabitation agreement, there is no right to financial support or a share of assets that have been put in the other party’s name. This means that if you were to move into your partner’s home and make financial contributions, you would not have an automatic right to a share in the property if it remained in their name. You might be able to make a legal claim under the Trusts of Land and Appointment of Trustees Act 1996, but this is generally a lengthy and complex process, and the outcome is far from guaranteed.
For more information, see our cohabiting couples' property rights page.
For information on joint ownership of property, see the Land Registry’s joint property ownership page.
For information on living together, see Citizens’ Advice’s page on living together and marriage - legal differences.
What can be included in a cohabitation agreement?
If you ask us to draft a cohabitation agreement on your behalf, we will work with you to establish exactly what you need in the document. Common issues that are covered include:
- Who owns property and other assets, such as savings and investments, both now and in the event that your relationship ends
- How jointly owned property will be dealt with, should you separate, for example, the rights of either party to buy out the other, and how a valuation will be agreed upon
- How finances will be dealt with, including payment of bills, management of joint bank accounts, everyday expenses, and property maintenance
- Who will be responsible for debts, including those already in existence and any debts taken on during the relationship
- Whether either party will be given any benefits, such as an interest in a pension or life assurance policy
- Financial provision for children
Benefits of having a cohabitation agreement
By discussing matters upfront, you can gain a clear picture both of your current financial position and of how issues will be dealt with during your relationship, and should it end. This can give you both the peace of mind of knowing that you will have a level of security, whatever may happen in the future.
You have the option to protect your assets, including interests in property, and ensure that both parties make fair contributions to your life together.
Should you separate in the future, the process is likely to be simpler and less acrimonious than if you did not have an agreement in place.
Is a cohabitation agreement legally binding in the UK?
The courts will generally follow the terms of a cohabitation agreement provided it complies with the following criteria:
- Both parties made full financial disclosure to each other
- The document is correctly drafted and executed
- Both parties obtained independent legal advice before signing
- Neither party was pressured or coerced into signing
How much does a cohabitation agreement cost in London?
Cohabitation agreement costs will depend on the complexity of the agreement, whether you need the document drafted or you just require advice on an agreement, and whether any negotiation is required.
We will be happy to discuss the cost of a cohabitation agreement or related advice with you, so if you would like more information, please give us a call.
The process of creating a cohabitation agreement with Crisp & Co
If you would like us to draft a bespoke cohabitation agreement, we will start by taking your instructions and discussing your situation. We will advise you on the terms that can be included and ensure that your interests are safeguarded.
Once we have a clear understanding of your wishes, we will prepare a draft agreement and go through it with you. Your partner will need to take independent legal advice from another cohabitation agreement solicitor.
Where necessary, we can negotiate on your behalf to secure you the level of security you need for the future.
When should you create a cohabitation agreement?
Ideally, a cohabitation agreement is drafted before or at the time you decide to live with someone. If you do not have a cohabitation agreement in place, you should definitely consider one if you decide to purchase a property with your partner or if you have children.
Can you update or change a cohabitation agreement?
You should review your cohabitation agreement regularly and arrange for any necessary changes to be made, particularly in the event of any major life changes, such as the birth of children or the purchase of a property.
An amendment document can be drafted, ensuring the same process of disclosure and independent legal advice is followed as before. Alternatively, it may be preferable to have a new agreement drafted if the changes are substantial.
Why choose Crisp & Co for your cohabitation agreement in London?
At Crisp & Co, we provide a high quality service from experienced cohabitation agreement London solicitors. We offer:
- In-depth knowledge of cohabitation law
- Legal 500 and Chambers & Partners recommended firm
- Members of Resolution, committed to constructive, non-adversarial solutions
- Excellent client service
- Clear, practical advice without legal jargon
Frequently asked questions about cohabitation agreements UK
Q: Do I need a solicitor to create a cohabitation agreement in London?
A: It is essential to have your agreement drafted by an expert and to have independent legal advice before signing. Cohabitation agreement templates are extremely risky, with the capacity to cause legal disputes in the future, the likelihood that they will not be followed by the courts if they are not correctly drafted or executed, and the fact that they may not adequately deal with your own unique situation.
By using experienced cohabitation solicitors in London, you can reduce the potential legal expenses later on. Should you separate, cohabitation dispute solicitors will have a much easier time of resolving matters if you have a robust, professionally drafted agreement in place.
Q: Can you write your own cohabitation agreement in the UK?
A: It is not a good idea to try to do a DIY cohabitation agreement. You are likely to find that it is not followed by the courts should your relationship end acrimoniously, and you could end up with a substantial legal bill.
Cohabitation agreement costs are minimal in comparison to the potential expenses of dealing with disputes in the future, and a professionally drafted agreement can also reduce the risk of disagreements arising in the first place.
Q: What happens if we don’t have a cohabitation agreement?
A: Unmarried couples often misunderstand their legal position and believe that they may have rights as a common law partner. In fact, cohabiting partners have few rights, and common law marriage is a myth. The only way to properly deal with the legal aspects of living together is to put a cohabitation agreement in place. Without a cohabitation agreement, there is an increased risk of problems in the future.
Q: How long does it take to create a cohabitation agreement in London?
A: Our solicitors can take your instructions and draft a cohabitation agreement very quickly. The longest part of the process is likely to be making a full disclosure of your assets. We can guide you through this, ensuring all details are included. Your partner will also need to take independent legal advice before signing the agreement.
Q: Are cohabitation agreements valid if we move outside London?
A: Cohabitation agreements in London made under the laws of England and Wales are valid throughout England and Wales. If you have assets overseas, you can speak to one of our expert international family law solicitors about safeguarding these.
Q: What’s the difference between a cohabitation agreement and a prenuptial agreement
A: A prenuptial agreement is made in contemplation of marriage and will take effect once a couple marries. Otherwise, the contents of these two types of agreements tend to be fairly similar, dealing with ownership of assets and liability for debts.
Q: Can a cohabitation agreement cover arrangements for children?
A: Cohabitation agreements can include some issues relating to children, but relevant legislation and the best interests of the children will always be the courts’ priority and will override a cohabitation agreement if the two conflict.
Details relating to financial provision for children can be included in a cohabitation agreement, but neither party will be able to avoid paying child maintenance. The agreement can set out how a couple intends to make decisions relating to education and healthcare, and how much time a child would spend with a parent, should they separate. The agreement can also cover whose surname any future children would have.
While it can be helpful to consider these matters when moving in with someone and decisions made now could reduce conflict in the future, it should be noted that the court will not enforce anything it believes is not in a child’s best interests.
Q: What happens to our cohabitation agreement if we get married?
A: A cohabitation agreement becomes void when you marry, unless it states that it is to continue in the event of marriage. The rights of married couples are very different to those of unmarried couples, and you should take legal advice on your position before marrying.
Couples who are planning to marry can sign a prenuptial agreement, which will replace the cohabitation agreement once the marriage takes place.
For more information, see our prenuptial solicitors and divorce solicitors in London pages.
Get in touch with our expert cohabitation agreement solicitors in London today
If you are considering a cohabitation agreement in the UK, our expert cohabitation solicitors in London can provide you with the advice and representation you need. We are here to guide you with clarity, care, and expertise.
You can give us a call on 020 8003 4216 or request a free call back by filling out the enquiry form on the right hand side of our home page.