A Guide to Cohabitation Agreements for unmarried couples

The term “common law partners” is often used to refer to unmarried long-term couples who live together. However, there is a common misconception that unmarried couples hold the same legal rights as married couples.

If the relationship breaks down between an unmarried couple, they do not have the same rights and entitlements as married couples when applying for things such as maintenance, lump sum payments and payments of part of a pension, even if they have lived together for a long time and have children.

What is a Cohabitation Agreement?

The answer for unmarried couples is to have a cohabitation agreement in place. This is a legal document between unmarried couples who are living together. It sets out arrangements for finances, property and children while they are living together and if they split up, become ill or were to pass away. This can be useful, alongside a will, if one of them becomes seriously ill, dies or if the relationship breaks down. It can protect you both, and any other family members who will be affected.

Costs

The cost of getting an agreement can vary depending on complexity. You may have to pay substantially more in legal fees if something goes wrong and you don’t have a cohabitation agreement in place.

Change of Circumstances

If your circumstances change, for example, you have children or buy property together then get in touch with us and we can advise you of any changes you may need to make to your agreement. Please note that your agreement may not be legally binding if you don’t update it when your circumstances change.

What do I need to do next?

As an unmarried couple, if you are looking to put a cohabitation agreement in place then it is a good idea to start by both having a discussion around how you would like your assets to be divided. These could include property, investments, pensions, savings.

Contact our team of experts here and we can arrange a 30 minute telephone consultation free of charge to discuss your needs and provide you with advice. We will also discuss what is involved, timescales and give you a cost estimate to have the agreement put in place.