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A cohabitation agreement is a legal agreement between an unmarried couple that sets out each partner's rights to their property and assets should their relationship break down in the future.
Making a cohabitation agreement requires full financial disclosure from the two parties involved in order to set out plans for your shared living arrangements, assets, finances, and children.
Creating a cohabitation agreement may feel like a difficult conversation to navigate, but having one in place can help prevent costly legal disputes further down the line.
Our Family agreement solicitors in Dartford, Bexleyheath and Orpington are here to help you look after what’s important to you separately and as a couple, ensuring that you are legally protected without the obligation of marriage.
Our team are members of Resolution, helping families across a diverse range of backgrounds, and hold the Lexcel accreditation for the outstanding client care provided by our Family Law solicitors.
No matter how complex your living arrangement and shared or separate assets are, we will make sure that every detail is accounted for and that all of your needs are accommodated in the cohabitation agreement.
The team at T G Baynes can help with all aspects of cohabitation agreement law, including:
- Drafting cohabitation agreements
- Reviewing existing cohabitation contracts
- Resolving cohabitation disputes
- Enforcing cohabitation contracts informally and through litigation
- Advice on your rights
Contact our cohabitation agreement solicitors in Dartford, Bexleyheath and Orpington
To speak to one of our local cohabitation agreement solicitors in Dartford, Bexleyheath and Orpington, please fill in our simple enquiry form or call 020 8301 7777.
Our cohabitation agreement solicitors’ fees
At TG Baynes, we aim to provide all our clients with complete transparency about our fees from the beginning of your case.
In almost all cases, we can offer you a fixed price for our services so you can proceed knowing exactly what to expect.
Our cohabitation agreement services
Drafting cohabitation agreements
Our cohabitation agreement solicitors can give you clear guidance on the drafting of a cohabitation agreement, including tailoring specific terms to suit your needs and making sure the document is legally valid.
We will ensure that the agreement is fair and enforceable, taking into account your current needs as cohabitees and arrangements for the future.
Reviewing existing cohabitation contracts
Our specialist solicitors can review an existing cohabitation contract, before or after it has been signed.
If the contract is signed, then we can advise you on your rights and obligations within the terms you have agreed to and help resolve any disputes should they arise.
If you have not signed the contract, we can review it and advise on whether you should negotiate for fairer terms, and with your instruction, we can revise the contract to better suit your needs.
Resolving cohabitation disputes
No matter the severity of your dispute, our solicitors can help resolve matters as amicably as possible using Alternative Dispute Resolution methods such as mediation and negotiation.
If it has not been possible to resolve your dispute out of court, our solicitors can provide strong legal representation on your behalf to ensure a fair outcome.
Once a resolution has been made, we can update your agreement to reflect your shared decision.
Enforcing cohabitation contracts informally and through litigation
Enforcing a cohabitation contract can be done informally or through the courts, and we always aim for a straightforward resolution wherever possible.
Our solicitors can negotiate with your current or former partner to find a practical solution. If they have legal representation, we can communicate directly with their solicitor to reach an agreement.
However, if an informal approach isn’t successful, we are fully prepared to take your case to court. Our experienced team knows how to present a strong case, ensuring your cohabitation agreement is upheld and your interests are protected.
Advice on your rights
There can be uncertainty over the rights of cohabiting couples when compared to their married counterparts, with misinformation leading to disputes and legal consequences.
Our cohabitation agreement specialist solicitors can give you clear advice in plain English on your rights as both a cohabiting couple and as individuals.
Cohabitation Agreement FAQs
What is a cohabitation agreement?
A cohabitation agreement, otherwise known as a ‘living together agreement’, is a legal document between an unmarried couple who live together. It is usually made when the couple first moves in together or at a major life point, such as the decision to have children.
The purpose of the agreement is to set out each person’s financial obligations and rights in the event of death, separation, or illness, as well as arrangements for children.
You can make a cohabitation agreement by consulting cohabitation agreement solicitors, who will assess your circumstances and provide advice specific to your needs as a couple and as individuals.
Are cohabitation agreements legally binding?
Yes, a cohabitation agreement is a legally binding contract involving the finances, property and any children between you and your unmarried partner.
To ensure that your agreement is legally binding, you should get independent legal advice for both parties and keep the agreement up to date with any major life changes.
Why do we need a cohabitation agreement if we're not married?
Without a cohabitation agreement, you might be vulnerable to unfair division of property or childcare arrangements if you and your unmarried partner split up or if someone dies or becomes seriously ill.
If you do decide to amicably part ways, a cohabitation agreement can make the process easier with fewer decisions to make.
What can be included in a cohabitation agreement?
Under cohabitation law, an agreement can include the following:
- Property, including who owns what and how it will be split should you separate, as well as who pays for any repairs.
- Children, including who is responsible for the children from your partnership and any children from previous relationships.
- Debts, including how your mortgage or household bills will be split and how you will deal with any joint or personal debts.
- Finances, including how to contribute to joint savings and investments, access pensions, and split joint bank funds.
- Pets, including who will look after the pets after a separation.
Can a cohabitation agreement cover property ownership?
Yes, a cohabitation agreement can cover property ownership, including:
- Who owns the home and other relevant assets.
- Tenancy and how you will share the mortgage.
- Inheritance and what will happen to the property should someone die.
- Joint tenancy, including co-ownership of the property.
- Arrangements for where children would live if you part ways.
- How you will meet the household costs.
When discussing arrangements with your cohabiting partner, it is important to be totally transparent. Your cohabitation lawyer can help you make arrangements for your shared property and understand the best way to prepare for the future that is fair and accounts for everything correctly.
How much does a cohabitation agreement cost?
A cohabitation agreement in the UK can cost between £300 and £3,000, with more complex agreements involving children, property, or other assets costing upwards of £750.
Whilst there is no legal requirement to file the agreement with a governing body, and therefore no associated fees with the document itself, you will need to pay your solicitor to ensure the document is legally valid. If you would like to discuss fees with one of our solicitors, do not hesitate to reach out.
Is a cohabitation agreement enforceable in court?
In order for your agreement to be enforced in court, it must be a legally binding contract where both partners have sought out independent legal advice before signing the agreement.
Both partners must have fully disclosed their financial situation, and there can’t be any evidence of either party having been coerced or pressured into signing it with an insufficient understanding of the terms.
Contact our cohabitation agreement solicitors in Dartford, Bexleyheath and Orpington
To speak to one of our local cohabitation agreement solicitors in Dartford, Bexleyheath and Orpington, please fill in our simple enquiry form or call 020 8301 7777.