Cohabitation agreement solicitors
Our family law solicitors have extensive experience in not only drafting cohabitation agreements, ensuring that they will stand up to legal scrutiny if ever called upon, but also advising on the issues to be considered and the options available if disputes occur.
Helping unmarried couples safeguard their interests with tailored cohabitation agreements.
In England and Wales, unmarried couples have limited legal rights if they separate. Without a cohabitation agreement, one of them could be left with nothing if the relationship were to break down or there may be considerable uncertainty as to how to divide any assets.
The law around unmarried cohabiting couples can be complex and therefore costly, if a disagreement happens during a separation. Cohabitants can also experience hardship if one of them dies because they have no automatic right to inherit from each other.
If you are thinking about moving in with your partner, or have already done so but haven’t made any formal arrangements, then our family law solicitors have vast experience in cohabitation agreements, where a seemingly small action, can have great significance further down the line.
- Our flexible approach allows you to choose the level of support you need, with clear pricing and no unnecessary work.
- Trusted family law experts who advise families with practical solutions that prioritise children’s wellbeing.
- With the support of our in-house mediator, we help clients find constructive solutions wherever possible, reducing conflict, minimising costs and avoiding the stress of court proceedings.
- Backed by a leading full-service law firm, with access to other specialist legal advice whenever you need it.
Benefits of a cohabitation agreement
A cohabitation agreement provides clarity, certainty and legal protection for unmarried couples living together. By setting out how assets, property and finances will be managed during your relationship, and what should happen if you separate, you can reduce the risk of future disputes and ensure both parties understand their rights and responsibilities. Key benefits include:
- Protecting property and assets – by clearly recording ownership and financial contributions.
- Providing financial certainty – by setting out how expenses, savings and joint assets will be managed.
- Reducing the risk of disputes – by agreeing arrangements in advance.
- Tailoring the agreement – to reflect your individual circumstances and future plans.
- Peace of mind – through a clear, legally drafted agreement.
Cohabitation agreement FAQs
Why do I need a cohabitation agreement?
In recent years, more and more couples are deciding to live together before getting married, or choose not to enter marriage or civil partnership. As there are no specific laws that protect them, couples who live together do not have the same legal rights and disputes that arise on separation are often complex and expensive to resolve. Therefore, a cohabitation agreement can help to provide peace of mind by coming to agreements before any issues occur.
A cohabitation agreement will:
- Provide evidence of your intentions if you ever need to go to court over a dispute,
- Outline your financial commitments,
- Provide clarity over ownership of property, money and other assets,
- Outline responsibilities within your relationship.
Can I change my cohabitation agreement?
Yes, you can change a cohabitation agreement once it’s been created. Cohabiting couples often find that their situation changes, and therefore it is advised to keep it up to date.
Reasons for updating a cohabitation agreement include:
- Birth or adoption of children.
- Property is purchased or businesses owned.
- One of you becomes disabled, or seriously ill.
- Changes to financial situations, such as retirements, inheritance etc.
- You plan to marry, or enter into a civil partnership, at which point it can be converted to a nuptial agreement.
How much does a cohabitation agreement cost?
The cost of a cohabitation agreement will vary depending on how complex your circumstances are, the level of agreement between you as to the terms and how quickly you need to put it in place. Our fees may also vary depending on whether we are advising on the terms of an agreement that has already been drafted or starting from scratch. Depending on your circumstances, we would expect an agreement to cost in the region of £1,500 to £5,000 plus VAT.
Our service includes legal advice on what should be included in the agreement, guidance on your obligations once it has been signed, preparation of the agreement (including any necessary revisions), and advice on the next steps after the agreement is completed. We are happy to discuss fee arrangements and can offer either agreed fixed fees or hourly rate charges.
Do I need a solicitor for a cohabitation agreement?
Although there are templates online that you can use, there is a possibility that the template may miss out something important related to your circumstances, leaving you open for dispute on those areas.
It is also important to note, for the agreement to stand the best chance of being upheld in court at a later date that it is beneficial for each party to have received independent legal advice. A solicitor check that the parties understand what the cohabitation agreement covers, check it covers all it needs too and ensure that there are no mistakes in the document. Having a solicitor in place will therefore prevent later arguments of one party not knowing the effect of the agreement and can limit arguments around fraud, duress or mistake that may otherwise render an agreement void.
Although some people are concerned about the cost of a cohabitation agreement, particularly if it is at a time where costs are mounting around a house purchase, it is a valuable investment. Should you decide to separate, an agreement can end up saving you a huge amount of time, money and stress. In some cases, disputes can end in court proceedings and the unsuccessful side may be required to pay for the legal costs of the winning party. Such costs can run into tens or even hundreds of thousands of pounds due to the complex legal framework around such issues.
Are cohabitation agreements legally binding?
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Why use our cohabitation agreement solicitors?
Proactive advice, constructive family law solutions
We take a proactive approach to family law, helping clients put measures in place to protect their future, such as cohabitation agreements and nuptial agreements. Where disputes do arise, we focus on resolving matters constructively through negotiation, mediation and alternative dispute resolution wherever possible.
Trusted, specialist advice you can rely on
We provide expert family law advice backed by professional regulation and years of experience, ensuring agreements and legal documents are carefully prepared to provide you with confidence and clarity for the future.
We are a leading full-service law firm
Boyes Turner is recognised as a leading law firm by Chambers UK and The Legal 500. As a full-service firm, we can draw on the expertise of our other specialist teams such as private wealth, residential property and disputes to provide seamless support whenever you need it. We also work closely with other professional services that may be beneficial to you, such as counselling, financial advice and coaching, to ensure you have the full support you require.
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