The decision to move in with a loved one can sometimes be overshadowed by the legal rights that are, or are not created by living together.
What is a cohabitation agreement? It is a document that can be used to provide legal protection and clarity over the rights of an unmarried couple who decide to live together. If you are thinking of moving in with your partner and wish to protect yourself financially then speak to a member of our family team about the options that are available to you.
Why should we have a cohabitation agreement? Many unmarried couples wrongly believe that if they are living together but not legally married, nor in a civil partnership, that “common law marriage” protects them in the same way it would protect married couples. However, “common law marriage” does not exist. Couples living together do not have the same legal rights as married couples or those in a civil partnership. Therefore, a cohabitation agreement can provide a level of protection to both parties.
What is the main advantage of having a cohabitation agreement? It provides both parties with a clear understanding of the financial commitments to the relationship and avoids any misunderstandings over your rights and responsibilities whilst living together. It is also a way of providing clear evidence of your intentions should you ever have to take a matter to court.
Is a cohabitation agreement legally binding? A cohabitation agreement is a legally binding document, enforceable by the courts, providing it is properly executed and providing you have both been fully transparent and honest about your finances. You would both also need to obtain separate legal advice upon its terms.
