Cohabitation Laws

Cohabitation law is highly complex. Our cohabitation agreement solicitors can offer impartial and constructive advice.

What is Cohabitation?

Cohabitation refers to an arrangement where two people who are not married live together without formally registering their relationship as a marriage (often called ‘common-law’ marriage). It is important to understand that common-law marriage is not recognised by the Court, so there are a variety of cohabitation laws to be aware of.

Cohabitation is a highly complex area of law, and you may only have limited rights if your relationship breaks down. We can provide the expert help you need both before cohabitation and afterwards.

What is a Cohabitation Agreement?

A cohabitation agreement is a contract that spells out the legal relationship between an unmarried cohabiting couple. It establishes a contractual basis for the couple’s rights and obligations, many of which are provided to married couples by law. A cohabitation agreement can provide for more specific rights or obligations than the law provides, allowing a cohabiting couple to tailor the agreement to their relationship.

What Can You Put in a Cohabitation Agreement?

Cohabitation laws, unlike the laws of marriage, can be flexible and specifically tailored in a cohabitation agreement to your own specific situation. It can cover only one area, such as purchasing a house or a number of areas including:

• Property distribution when the relationship ends or one party dies
• Financial support during the link or when it ends
• How the debts of each party will be paid
• Division of the couple’s home when the relationship ends or one party dies
• The right to act as a guardian if one partner is incapacitated
• The right to make emergency, or even routine, medical decisions for the other party

Whether you are about to move in together or you are already in cohabitation, our team can advise you of your options and the type of items you should include in a cohabitation agreement. A cohabitation agreement will make it clear for both parties what will be expected of them should the relationship break down, through a cohabitation separation agreement. This could save thousands of pounds in legal fees in the future.

For legal advice regarding cohabitations, please contact our team of cohabitation agreement solicitors.