When unmarried parties choose to live together they often do not expect the relationship to fail. However, problems can arise if the relationship breaks down when sorting out potential financial claims. Co-habitation agreements can cover all aspects of living together as a couple and clarify the position. This is particularly important when one party or both own property.
Contact UsIt’s important that a cohabitation agreement is drafted by an experienced legal professional. A poorly drafted agreement may not give you the support and peace of mind that you need.
This is not easy to legally define as it depends on the legal context; but generally speaking it means two people living together in one household as a couple.
It is very important to appreciate that civil cohabitees have no legal rights or obligations in relation to one another by virtue of their relationship alone. There is no such thing as a “common law marriage”. Cohabitees have no rights or obligations to financial support whatsoever upon the relationship breaking down. Their only legal remedies rely on the general civil law of property and trust.
It is always sensible to consider drawing up such an agreement to avoid any arguments in the future regarding money and property. These can be as detailed as the parties wish. Importantly cohabitation agreements can avoid confusion about the beneficial ownership of their home, particularly when the property is only held in the name of one of the parties.
