What is a Cohabitation Agreement?

Unmarried cohabiting couples are currently the fastest growing family in the United Kingdom. We are regularly instructed by clients wanting to understand their legal rights as a cohabitee, believing that they are considered a “common-law spouse”, treating them in a similar way to married couples. Unfortunately, that is incorrect.  

The reality is that unmarried couples have far fewer legal rights than married couples. Therefore, it makes a great deal of sense to have an agreement prepared which sets out the division of assets upon a potential separation. Ideally, such agreement would be prepared prior to moving in together, or if their circumstances are going to change, the most common reason being children of the family. 

Whilst the agreement is not currently binding under English Law, they are increasingly being relied upon by clients at the point of separation as a way forward to divide the assets of the parties. 

If you require any assistance with Cohabitation Agreements, please contact Richard our Practice Development Manager: 01925 263273 or email: rbruce@fionabruce.co.uk

The contents of this article do not constitute legal advice and are provided for general information purposes only.