There is a common misconception that couples who chose to live together but remain unmarried have the same rights and protections as a married couple. This is not the case, even if you have lived together for many years. The idea of "common law" marriage is no more than a myth as cohabiting couples have no automatic rights over each other's income or assets, unless they are held in joint names.
A cohabitation agreement is an agreement between two unmarried people who live together as a couple and can be a good way for unmarried people living together to put some protection in place for their future and to ensure that things will be handled fairly in the event of a relationship breakdown. Every cohabitation agreement is different depending on the needs and circumstances of the couple creating it.
In most circumstances, these types of agreements are enforceable provided they are entered into freely with the appropriate legal advice having been obtained.
A cohabitation agreement can be drawn up at any point during a relationship, both before a couple begins cohabiting or after they have already been living together for many years. More important than when the agreement is first created, is how often it is updated. As with any legal document, it is important to periodically review a cohabitation agreement and to amend it as necessary, in line with any major life events that may have occurred since the agreement was first created (such as buying a property, having a child, becoming the beneficiary of an inheritance, or one partner undergoing some other significant change to their financial status).
If a couple purchases property together but only one partner is named as the legal owner, then a cohabitation agreement can be used to record their respective beneficial ownership of the property, along with the proportion of the property each partner is entitled to.
If you are considering entering into a cohabitation agreement, our Family Team can offer advice at one of our offices in Ipswich, Bury St Edmunds, Chelmsford, Colchester, Frinton-on-Sea or London. We offer a free exploratory call so that we can match your specific needs with the right person in our family team.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.