Cohabitation Agreement Solicitors

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What is a cohabitation agreement?

A cohabitation agreement is a document that an unmarried couple living together can have drawn up to help clarify financial commitments should there be difficulties in the relationship, or the relationship breaks down.

This type of cohabiting agreement is increasingly used by couples across the UK who live together but are not married or in a civil partnership.

Important aspects to clarify in a cohabitation agreement can include:

At Crombie Wilkinson, our cohabitation solicitors specialise in helping individuals across North Yorkshire secure their future and get the best out of life. In modern times, it is common for couples to live together, in some cases for many years, before getting married or entering into a civil partnership (if they choose to take that step at all).

However, while cohabitation is a normal and accepted part of everyday life, the law has yet to catch up. There is no such thing as a “common law marriage” in England and Wales. This means that cohabiting couples do not acquire the same legal rights as married couples during their relationship.

There have been several high-profile legal cases over the years that involve individuals being left in financial difficulties after a breakup because they had no legal rights to their partner’s property. We can help you avoid this scenario and safeguard your future by entering into a cohabitation agreement with your partner.

Why do you need a cohabitation agreement?

A cohabitation agreement may not be something you want to consider at the outset of your relationship, but it can be a vital way to protect your financial interests. It allows you and your partner to agree in advance how property and other practical matters should be handled if your relationship comes to an end.

Our cohabitation agreement solicitors understand that talking about the possibility of breaking up can be awkward and unpleasant. We aim to create an open, welcoming environment so you feel comfortable talking about your relationship needs and expectations with us and your partner. Our family law solicitors includes experienced cohabitation lawyers in York who can help you talk through the issues calmly and cooperatively.

How our cohabitation agreement solicitors can help

Unfortunately, the phrase common law husband or wife means nothing in legal terms. If you want to make specific provision for children, ownership of individual assets or property, our cohabitation agreement solicitors can advise on how to make a cohabitation agreement legally effective and suitable for your circumstances.

When drawing up your cohabitation agreement, we will ensure it fully reflects your expectations and has the best possible chance of being upheld in court. 

Many of our clients are concerned that making a cohabitation agreement could create issues in their relationship. However, in our experience, talking about financial affairs early on is more likely to help a couple’s relationship become stronger because once they come to an agreement, they can continue their relationship fully confident that they are on the same page.

Cohabitation agreement FAQs

What rights do unmarried couples have?

Unlike married couples and civil partners, unmarried couples have fewer rights in relation to each other. They have no right to each other’s property or property that is “shared” unless a cohabitation agreement has already been drafted.

What is the purpose of a cohabitation agreement?

A cohabitation agreement is often entered into by cohabitees who are beginning a new relationship to safeguard their own financial security, in some cases to protect a future inheritance for their children. They are increasingly relevant for second marriages or relationships where one person may already own a home pre-dating the relationship.

If you make a cohabitation agreement, you can set out exactly how you want to arrange your finances and other matters in case you break up. This can be particularly important where property ownership contributions are involved.

What should a cohabitation agreement include?

We can discuss with you exactly what you would like your cohabitation agreement to cover. Usually it will include things like:

When drawing up the contract it is important to include in it a statement of the purpose of the contract, how long the contract lasts for and how often it will be reviewed to make sure it is up to date and correct for both parties’ wishes.

Are cohabitation agreements legally binding?

For an agreement to be valid:

Get in touch with our cohabitation solicitors

We are committed to helping you and your family safeguard your future. Our client-centred approach to family law means we will keep your best interests at heart at all times.

For advice about making a cohabitation agreement to protect your future interests, give us a call at your local Crombie Wilkinson branch in York, Selby, Malton or Pickering. Alternatively, please fill in our general enquiry form and a member of our team will be in touch in due course.

When you choose Crombie Wilkinson, you will receive Your Client Benefits which demonstrates our commitment to delivering an excellent service for you. We guarantee to keep our Service Pledge in mind at all times during your matter, including listening carefully to your needs, responding promptly to your correspondence, and providing clear, flexible payment options for our fees.