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 advise on the issues to be considered and the options available if disputes occur.

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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.

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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 and your obligations following signing the agreement, the agreement drawn up with revisions if needed, and once signed, the agreement stored at Boyes Turner. 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?

Provided it has been done correctly, a cohabitation agreement is legally binding and therefore enforceable. While it is not possible to stop a former partner making a claim against a property on separation, a cohabitation agreement would make it considerably less likely due to the risk on costs. Any such claim would also be quicker and less expensive to resolve with the benefit of a cohabitation agreement.

Why use our cohabitation agreement solicitors?

We pride ourselves on our outstanding level of service, and our entire family law team dedicate their time to understanding what the client needs and ensure they work effectively as a team to achieve those goals.
We understand that moving in with a partner is a significant step and one that should be celebrated. We are sensitive to the dynamics of the relationship, while ensuring the legal consequences are understood so that informed decisions can be made about the legal agreements needed.
Boyes Turner is ranked as a leading law firm by the legal directories, Chambers UK, and The Legal 500 and has been for many years. When our clients require extra specialist guidance, we have other highly rated private client, Wills, Trusts, property, and dispute resolution solicitors too.