Cohabitation Agreement Solicitors in Orpington

Cohabitees have few rights and the division of assets between a separating couple will be based on Property Law and Trusts Law alone. This can often cause a dispute if the couple separate in the future and their assets need to be divided.

One inexpensive solution is to prepare a cohabitation agreement, which our cohabitation agreement solicitors can assist with. This is a contract between two people who live together that sets out their agreement on the division of their assets should they separate or if one of them dies.

It is sensible when cohabiting with anyone, without the protection afforded by marriage or civil partnership, to enter into a cohabitation agreement, (sometimes referred to as living together agreements).

The agreement should state who it is between, how long it is intended to last and that it is intended to be legally binding. If there are assets (e.g. your home) which are to be dealt with in a particular way, these should be specifically mentioned and details provided as to how they are to be dealt with on death or break-up of the relationship, such as percentage shares. The ownership of all significant assets should also be considered, including bank accounts, insurances, and specific valuables.

A cohabitation agreement is normally best considered in tandem with your will, as there are tax planning and other issues to consider.

Our expert cohabitation agreement solicitors at Clarkson Wright & Jakes can support you with:

• Cohabitation agreement legal advice, including, advising you on your legal position now and your possible legal position in the future
• Drafting a cohabitation agreement, including helping you to negotiate an agreement in relation to any specific issues or assets
• Assisting with cohabitation agreement disputes

Speak to our cohabitation agreement solicitors in Orpington

If you require further advice on cohabitation agreements or would like to discuss arranging an initial meeting with a member of our family team, please contact us on 01689 887885 or fill in our Enquiry Form.

Our cohabitation agreement service

Cohabitation agreement legal advice

If you are considering entering into a cohabitation agreement, our solicitors can provide expert advice according to your situation. Where couples have opted to draft their own cohabitation agreement, we can assist you to review your agreement, ensuring that it reflects your needs, and is legally enforceable and valid.

Our team can provide a range of advice on cohabitation agreements, including:

• Assisting couples to navigate issues surrounding property ownership and other issues concerning property rights
• Advice on asset division, including what would and would not be considered as joint assets
• Discussing how your cohabitation might be updated periodically, for instance, to reflect any future changes in circumstances

If you and your partner are living together without marriage, and would like to discuss your options, please do not hesitate to get in touch.

Drafting your cohabitation agreement

A cohabitation agreement is a legal document that exists between unmarried couples who are cohabitating together. The agreement is used to outline arrangements for property, finances, and any children, both while the couple are cohabitating, and if they separate later down the line, become seriously ill, or pass away.

Each cohabitation agreement will be different. Yet, generally speaking, our solicitors can assist couples to draft agreements that cover:

• How financial expenses will be divided between the partners, for example, mortgage payments or rent, bills, and other living costs
• How debts and property assets that are acquired will later be divided if the couple were to split up
• If a couple have children, the agreement is likely to detail arrangements regarding the children’s living arrangements and financial support, if the couple split up

For more information please get in touch with our cohabitation solicitors.

Cohabitation agreement disputes

Where a couple has a cohabitation agreement, and decide to separate, they may well face a  cohabitation agreement dispute.

Our cohabitation solicitors at Clarkson Wright & Jakes can assist you to solve all manner of cohabitation agreement disputes, which may include:

• Where one party is disputing the validity of the cohabitation agreement, for example, if it is believed that one party did not provide a full financial disclosure
• Where the couple disagree on children law matters as per the agreement, for example child residency issues

Frequently asked questions about cohabitation agreements

What are your legal rights when living with a partner?

Where unmarried partners are living together, these partners do not have legal rights in the event of separation, no matter what the financial circumstances have been between them during the relationship.

If a cohabitating couple’s relationship ends, neither has any legal responsibility to financially support the other. Equally, if the couple have children, unmarried parents will not be legally able to claim spousal support if that relationship later ends.

Many people mistakenly believe in what is referred to as a ‘common law marriage’, assuming that couples who live together long-term are then entitled to the same rights as married couples. This is in fact a myth, and unmarried couples do not have any of the same rights as married couples, no matter how long they have been cohabitating.

Putting a cohabitation agreement in place can afford couples legal protection both now and in the future.

Is a cohabitation agreement legally binding?

Yes, cohabitation agreements are a type of contract which are legally binding. However, for these to be legally binding, it’s important that they are correctly drafted and signed.

Before preparing a cohabitation agreement, it is essential to get the right kind of legal advice. Receiving independent legal advice beforehand is the best way to safeguard your interests and obtain an agreement that reflects your needs.

Though these agreements are legally binding, they may not be legally enforceable in every context. For example, where one party failed to provide a full financial disclosure, the agreement may therefore be rendered invalid.

If you believe that your agreement may be invalid, our cohabitation lawyers can provide assistance.

What is the average cost of a cohabitation agreement?

Cohabitation agreements can vary in price depending on the service level required and the circumstances.

At Clarkson Wright & Jakes, we provide flexible pricing and may be able to offer fixed fee cohabitation agreements. We will always attempt to provide price structures that align with your budget and situation as far as possible.

Do you need a solicitor for a cohabitation agreement?

Not technically, as it is possible to draft your own cohabitation agreement, without the help of a solicitor. However, it is advisable that you work with a lawyer to protect your interests, and ensure that your agreement will be legally enforceable.

Our solicitors at Clarkson Wright and Jakes can assist you to draft a cohabitation agreement that adequately reflects your needs.

Speak to our cohabitation agreement solicitors in Orpington

If you require further advice on cohabitation agreements or would like to discuss arranging an initial meeting with a member of our family team, please contact us on 01689 887885 or fill in our Enquiry Form.