Unmarried cohabiting families are the fastest growing type of family in the UK. These are families where couples live together but have never married.
At the moment, English law does not recognise in any meaningful way a living-together relationship outside marriage or civil partnership. If this type of cohabiting relationship breaks down, the couples are not entitled to make the same types of applications for financial support as married couples are. Often when property is involved, and may be in one of the party’s sole names, this can mean little protection for the weaker partner, even where children are involved.
When married couples divorce or civil partners seek a dissolution, both parties have a legal right to ask the court to share the assets, including income, pension and property and inherited property.
In these cases, all the circumstances and history of the relationship are taken into account to decide on a fair division.
However, with unmarried couples this is not the case. The claims that they can make are currently limited.
To avoid future difficulties, unmarried couples are now seeking to protect their positions by entering into a cohabitation agreement.
So, what is a co-habitation agreement?
A document that sets out who owns what and in what proportion. It allows couples document how you will split a property, its contents, personal belongings, savings and other assets should the relationship break down. It can also cover how rent, mortgage or household bills will be paid, how the children will be supported, over and above any legal requirements to maintain them, as well as how to deal with bank accounts, debts, pensions, pets and joint purchases such as a car.
Is it legally binding?
It is not a court order, but in the event of a dispute before the Court, it shows what the parties intended at the outset of living together and the judge can take the agreement into account when making any decisions regarding property.
For the agreement to be valid it must:-
- have been entered into it freely and voluntarily
- be in the form of a deed
- be signed by each person
- be kept up to date for major life changes, for example, new children or property
Both parties should seek independent legal advice on the agreement.
How Jackson Lees can help
At Jackson Lees, we provide effective legal advice and guidance and our family lawyers have a wealth of experience in drafting such agreements.
Whilst hoping that couples remain in happy relationships, we are here to provide you with reassuring legal service to ensure that if your relationship breaks down, a cohabitation agreement ensures that matters will be dealt with in a fair way.
If you would like to talk to one of our specialist family law advisers, please call us free on 0800 387 927, request a callback at your convenience or make an enquiry.