Cohabitation Agreements and legal advice

Contrary to popular belief, there is no such thing as a ‘Common Law Husband or Wife’. Cohabiting isn’t the same as marriage. Unmarried couples have different legal rights and responsibilities to married couples.

This can potentially result in unfairness and hardship when unmarried couples separate. A Cohabitation Agreement would give reassurance and protection to both parties if they split up.

How a Cohabitation Agreement works

In divorce proceedings, a Judge has discretion in relation to finances to make such Order as he considers fair and reasonable.

However, there is no such provision in relation to unmarried couples, who are bound by strict property law principles. This lack of provision can lead to one party inadvertently being treated unfairly by the Order; it can lead to emotional stress and financial hardship.

We recommend that unmarried couples living together consider precisely what they intend in relation to finances when setting up home together, and in the event of separation.

A Cohabitation Agreement can be signed by both parties when they begin to live together and should help clarify what would happen if they were to separate.

How much do cohabitation agreements cost?

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