Family Law | Updates

Cohabitation Agreement for Non-married Couples

15 November 2022

Many people that live together or that are thinking about living together don’t know about the grounds and the basics of a cohabitation agreement. Therefore, EPO solicitors have pulled together some information to help you to decide if a cohabitation agreement is the right option for you and your partner.

What is a Cohabitation Agreement?

A cohabitation agreement is a legally binding contract that can be used for any couple that is, or that is going to live together. The basics of a cohabitation agreement may have the same grounds that a pre-nuptial agreement does, covering elements such as ownership of property, how jointly owned assets will be separated if the couple splits up, plus some other elements such as:

Payments of debts
Pets
Household bills and rent
Life insurance
Next of kin rights
Personal assets
Inheritance and wills

And more.

In fact, a cohabitation agreement, which is also known as a living agreement, can also be done for any people who are living together, be they a couple or not. It can be used for individuals who share a property, friends or relatives who live together, co-parents, and more.

Why a Cohabitation Agreement is Important?

Unlike marriage and civil partnerships, people who live together don’t have the same rights and no laws apply to their legal rights of simply living together. In this case, a cohabitation agreement can help you and your partner to keep peace of mind regarding your rights, as well as make sure of both sides’ intentions.

A living together agreement can avoid any issues if the relationship breakdown, be it a friendly situation or not. The agreement will also help both parties to understand better the financial situation and commitments of the other party prior to moving together, not letting room for misunderstandings.

What if I Change My Mind or Financial Situation?

A cohabitation agreement, as well as any partnership contract, can be amended at any time if both parties consent to it. In fact, changing the agreement once any of the side’s financial situation change is highly important.

The cohabitation agreement also must be updated if any other life major changes to any of the parties, such as the birth of a child or if one of you becomes seriously ill, to make sure that there will not be going to be any misunderstandings or issues if the case of splitting up.

Can I Draw My Own Cohabitation Agreement?

Therefore, even though not a rule, a cohabitation agreement is highly recommended to be done by solicitors that will guarantee that the document will be valid and be covering all the necessary bits for your case, avoiding disappointment and issues in the future.

There are many templates for cohabitation agreements you can find online, but please bear in mind that none of them will cover your exact needs as each agreement will require covering different matters and situations.

If you still have any queries about cohabitation agreements or for an initial consultation with EPO solicitors, do not hesitate to contact us. We will be happy to answer any queries you may have!

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