Why Every Unmarried Couple Should Consider a Cohabitation Agreement

In recent years, the number of couples choosing to cohabit—living together without marrying or entering a civil partnership—has surged, making it the fastest-growing type of family in the United Kingdom. This trend has highlighted the need for legal protections to safeguard the interests of cohabiting partners.

Why a Cohabitation Agreement Matters

Contrary to popular belief, the law treats cohabiting couples very differently from married couples, regardless of how long they’ve lived together. The legal framework for cohabiting partners is not only distinct but also fragmented and complex. This can lead to costly and emotionally draining disputes if the relationship breaks down.

A Cohabitation Agreement is a proactive way to avoid such disputes by clearly defining each party’s rights and responsibilities from the outset.

What is a Cohabitation Agreement?

A cohabitation agreement is a legally binding document that outlines the arrangements between individuals who have agreed to live together, whether as a couple or otherwise. It covers various aspects of the relationship, including:

• Property Ownership: The agreement can specify that any property owned before cohabitation remains separate.
• Jointly Owned Property: It can also detail how any jointly owned property should be handled if the relationship ends, such as whether the property should be sold and how the proceeds should be divided.
• Financial Responsibilities: This includes the division of household bills and day-to-day living expenses.
• Maintenance: For couples with children or other financial dependencies, the agreement can establish support arrangements post-separation.
• Inheritance Rights: Ensuring clarity on what each partner is entitled to inherit can also be a part of the agreement.

The Legal Landscape for Unmarried Couples

The current legal position for unmarried cohabiting couples has been widely criticised for its lack of clarity compared to the laws governing married couples. By creating a cohabitation agreement, you can help avoid the uncertainty and potential conflicts that arise from a lack of legal definition.

How We Can Help

At Moss Solicitors, our experienced family law team, including Rita Rathod and Faye Williamson, is here to guide you through the complexities of drafting and finalising a cohabitation agreement. We offer a free 30-minute consultation to discuss your needs and ensure your agreement meets all legal requirements.

To schedule your consultation, please call us at 01509 217770.