Cohabitation Agreement Solicitors

Caring solicitors who can help you draft a cohabiting agreement for
your needs.

Cohabitation Agreement Solicitors

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Living with your partner is an exciting time, but it can also be filled with tension. If you are not married and planning on moving in together or are already sharing space without being legally bound to each other through marriage, then consider getting a cohabitation agreement so that any issues will not come between the two of you later!

A cohabitation agreement can be a great way to establish the financial terms of your relationship and to protect your personal assets, such as investments and property.

As the courts now understand that many couples choose to cohabit outside marriage or civil partnership, you will be able to use this agreement as proof of what was intended if your relationship ends in divorce or separation.

How can Freeman Harris Solicitors help with your Cohabitation Agreement?

Our family law solicitors at Freeman Harris can advise you on the best choices for you, should you wish to draw up a cohabitation agreement or revisit a previous one.

We will make sure that both partners can feel satisfied with how things are going between them and still have peace of mind knowing what will happen if either one decides to break up. We will be there with you every step of the way until you reach a final agreement.

If you would like us to provide advice and guidance on drafting a cohabitation agreement, please contact us, and we will outline the service we can offer, and the associated costs.

Family Team

Catherine Greenacre

Catherine (Cat) carries out a broad range of private client work which include the all family law related work. Her expertise is in resolving family law matters.

Rohana Khan

Rohana works on all all legal aspects of relationships, children matters and financial disputes in the Family Law area.

Isabel Fisher

Isabel assists the family law department with all the initial information gathering and research work, which helps drive the department to get fair results for clients.

What our clients say?

I would recommend Freeman Harris solicitor to anyone. I was very happy in the way I was dealt with. The solicitor that handle my case was professional and efficient, she always put my mind at ease under difficult circumstance.

Common Cohabitation Agreement Questions

What should you consider when drafting a cohabitation agreement?

The best way to avoid allegations of undue influence is by ensuring that you both enter into the agreement freely and voluntarily. It should be made clear that you are getting independent legal advice and that full financial disclosure was made before any document can be drawn up.

Besides, having the agreement in writing will prevent any disputes about its terms. The terms of your agreement can cover anything from how much time you spend with each other, to who should pay for what. However, the court will only enforce
legal obligations, usually under the laws of property, trusts and contract.

It is also important to include a provision that each paragraph of the agreement can be enforced separately so that if any part becomes unenforceable, then the entire agreement will not fall apart!

Are there any financial provisions for cohabitees?

While financial claims are available to a spouse or civil partner, they are not available to a cohabitant.

However, you can include an agreement for the periodic payment of a capital sum or any expense during your relationship to ensure that both you and your partner are on the same page about what you agree and plan for in terms of financial obligations during your relationship. A well defined document should include details such as the amount to be paid, when payments end or what happens if one of you has another child.

It is important to note that maintenance agreements may succeed as a contractual term, but cannot be enforced due to public policy objections.

Provision for children

Child maintenance payments are often agreed upon in the event of separation. You will still be able to make a subsequent application for child support under the Child Support Act 1991 in case of an issue arising in the future.

However, although a parental responsibility agreement on the birth of any children or defining where they will live after separation is not strictly enforceable, it could come into play if you have any disputes later on.

Can you vary a cohabitation agreement?

If you want to vary your original agreement, we advise you to record the changes in writing so there is no uncertainty about what was said or done.

What happens if there is separation?

In the unlikely event that you separate, it is important to think about how everything will be divided between you and your partner.It is thus sensible to enter into another agreement about financial liabilities and responsibilities. The agreement can cover anything from personal property or bank accounts to potential arrangements for any children.