Cohabitation Agreements

What about 'Common Law Marriage'?

Many cohabiting couples believe that common law marriage exists if they have lived together for long enough, but this is simply not the case. It does not matter how long you have lived with your partner, if you are not married you do not have the same legal rights. Common law marriage does not exist in UK law. This is why it is important to contact a professional so that you can ensure that should anything happen to you or your partner, you are both protected.

When Should I Make a Cohabitation Agreement?

If you are considering moving into together, you should consider whether you should enter into a cohabitation agreement. By creating such an agreement, it will ensure that any decisions that you wish to make concerning assets that you own, either jointly or solely, are set out so that you have a mutual understanding as to which assets you are entitled to or responsible for, during the time that you are together and in the event that the cohabitation ends.

What is a Cohabitation Agreement?

Areas that can be covered in an agreement include the following:

• Individual ownership of property, including cars, houses etc.
• Joint ownership of property, especially the family home
• Mortgage contributions
• Household bill payments
• Details of joint and individual bank accounts
• Financial arrangements relating to any children of the relationship
• Life insurance and death in service benefits
• Lasting Powers of Attorney
• Inheritances and gifts
• Wills

Cohabitation agreements follow contract law, so they are more likely to be regarded as legally binding if they are only kept to these kinds of matters.