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Cohabitation 

If you are living with a partner, but you are not married or in a civil partnership, then you are cohabiting. With the number of cohabiting couples on the rise, it’s important to know what’s involved in the process and how to protect yourselves should the relationship end.

WHAT Is COHABITATION? 

Cohabitation describes the living arrangements of two people who are domiciled together but are not married or in a civil partnership. Cohabiting is rapidly becoming a popular option for modern family models who do not wish to marry.

Cohabiting covers a large scope of options and can be between couples, friends, co-parents and even family members. It’s important to understand that cohabiting doesn’t afford you the same rights as a couple who are married or in a civil partnership.

In fact, if you choose to cohabit you are not legally tied to your partner in any way unless you sign a cohabitation agreement.

WHAT IS A COHABITATION AGREEMENT? 

A cohabitation agreement is a document drafted and signed by both parties in the presence of a lawyer. The agreement will outline many factors including finances, property, assets, duties, responsibilities and any other aspects that may be relevant.

It can also cover life insurance decisions and current financial arrangements, such as how much you both agree to contribute to household bills, rent and mortgage payments, for example.

A cohabitation agreement is designed to protect each partner as well as any children who may be involved. In the event of a separation in the future, an agreement can be essential as evidence should you need to go to court.

Cohabitation agreements are by no means mandatory. However, most cohabiting couples will choose to have one drafted for extra protection in the future.

What Are The Benefits of Having a Cohabitation Agreement?

A cohabitation agreement is most important in the event of the cohabitating relationship breaking down. For example, your agreement can outline:

• What will happen with rent, bills and any mortgages
• Access to bank accounts and investments if your partner passes away
• Ownership of any property that you jointly own
• Child arrangements
• Who gets the family pet
• Access to pensions and insurance plans

A cohabitation agreement can also be helpful to have in conjunction with a will.

Under current law, if one half of a married couple passes away then everything is automatically inherited by the other spouse. However, if one half of an unmarried couple dies without a will, the estate will fall into the lines of intestacy. This means the surviving partner is at the bottom of the chain to inherit anything from the estate.

Having a valid cohabitation agreement can help support any claims against intestacy, should one member of the cohabiting relationship pass away without a will.

How a Lawyer Can Help with Cohabitation

You should always take legal advice if considering creating a cohabitation agreement. A lawyer will not only ensure that the most common cohabitation issues are covered, but they will also help to draft the document and advise on any unforeseen issues that might come about within the terms of the agreement.

For example, if one person owns a property that they want excluded from the cohabitation agreement and their partner contributes to any outstanding mortgage payments on the property, their partner could have a claim over the property in future.

Once the agreement is drawn up, both parties will need to take independent legal advice to ensure their rights are best represented within the agreement and they fully understand it.